T 1763/14 of 20.02.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T176314.20190220
- Date of decision
- 20 February 2019
- Case number
- T 1763/14
- Online on
- 31 July 2019
- Petition for review of
- -
- Application number
- 02721837.9
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- An optical device and methods of manufacture
- Applicant name
- CCL Secure Pty Ltd
- Opponent name
- Giesecke+Devrient GmbH
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Added matter (yes: main request)
Admissibility of the auxiliary requests (no: auxiliary requests 1 to 5 and 7; yes: auxiliary request 6)
Reformatio in peius (no)
Inventive step (yes: auxiliary request 6) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent in amended form on the basis of the following documents:
- claims 1 to 10 filed as sixth auxiliary request with the letter of 19 December 2018;
- page 2 of the description of the patent as granted;
- pages 3 to 6 of the description as filed during the oral proceedings;
- Figures 1 to 13 of the patent as granted.