T 0013/15 of 08.02.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T001315.20170208
- Date of decision
- 8 February 2017
- Case number
- T 0013/15
- Petition for review of
- -
- Application number
- 09165762.7
- IPC class
- B62D 55/28
- 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
- Replaceable wear pad
- Applicant name
- Wirtgen GmbH
- Opponent name
- BOMAG GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(1)European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Novelty (yes)
Inventive step (yes)
Admission of new line of argument (yes) - Catchword
- -
- Cited cases
- G 0009/91
- 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:
Description:
Columns 3-4 as filed during oral proceedings (annex 1) and columns 1-2 and 5-11 of the patent as granted.
Claims:
No. 1-16 of the second auxiliary request filed with letter dated 6 January 2017.
Drawings:
Fig. 1-20 of the patent as granted.