T 0081/14 of 12.03.2015

European Case Law Identifier: ECLI:EP:BA:2015:T008114.20150312
Date of decision: 12 March 2015
Case number: T 0081/14
Petition for review of: -
Application number: 04765856.2
IPC class: B23B 27/14 C22C 29/08
Language of proceedings: English
Distribution: Distributed to board chairmen and members (B)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: CEMENTED CARBIDE BODY CONTAINING ZIRCONIUM AND NIOBIUM AND METHOD OF MAKING THE SAME
Applicant name: KENNAMETAL INC.
Opponent name: Sandvik Intellectual Property AB
MITSUBISHI MATERIALS CORPORATION
Otemachi 1-chome Chiyoda-ku
Board: 3.2.08
Headnote: -
Relevant legal provisions: European Patent Convention Art 100(c)European Patent Convention Art 83 European Patent Convention Art 84
Keywords: Amendments
Claims - product-by-process claims
Sufficiency of disclosure
Catchword: When considering the definition of a product in terms of its production process the principles developed in the jurisprudence for the "product-by-process claims" are in general to be applied, also in the case of a claim directed to the use of that product (points 3.2 to 3.7).
Cited cases: G 0005/83 G 0002/88 T 0150/82
Citing cases: T 2053/13 T 1108/22

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the Opposition Division for further prosecution on the basis of Auxiliary Request 4 filed with the statement of grounds of appeal on 24 February 2014.