European Patent Office

T 1647/15 of 24.06.2016

European Case Law Identifier
ECLI:EP:BA:2016:T164715.20160624
Date of decision
24 June 2016
Case number
T 1647/15
Petition for review of
-
Application number
05075660.0
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Trailer having pivoted axles and a central recess
Applicant name
Nooteboom Group B.V.
Opponent name
FAYMONVILLE AG
MEUSBURGER Fahrzeugbau GmbH
Scheuerle Fahrzeugfabrik GmbH
Board
3.2.01
Headnote
-
Keywords
Suspected partiality against at least one member of the opposition division (yes)
Remittal to the first instance (no)
Added subject-matter- main request- auxiliary request 5 (yes)
Prior uses- violation of the right to be heard (yes)- availability to the public (yes)
Novelty- auxiliary request 1- (no)
Auxiliary request 5A- admissibility (yes)- added-subject-matter (no)- clarity (yes)- novelty and inventive step (yes)
Reimbursement of the appeal fees (yes)
Catchword
see points 2.4, 2.5, 3
Citing cases
T 0466/20

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 11 according to auxiliary request 5A as submitted during oral proceedings,

- description column 1 with insert page 2a and columns 2 to 6 as submitted during oral proceedings and

- figures 1 to 12 according to the patent as granted.

3. The appeal fees paid by Opponents I to III are to be reimbursed.