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
- IPC class
- B60P 3/06B62D 53/06
- 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
- 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
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 11
- 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.