T 1404/16 of 04.07.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T140416.20190704
- Date of decision
- 4 July 2019
- Case number
- T 1404/16
- Online on
- 2 August 2019
- Petition for review of
- -
- Application number
- 02777289.6
- IPC class
- B42D 15/00
- 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
- Security element for documents, bank notes, security paper and the like
- Applicant name
- Fedrigoni S.p.A.
- Opponent name
- Leonhard Kurz Stiftung & Co. KG
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 123(2)European Patent Convention Art 123(3)
- Keywords
- Sufficiency of disclosure - main request (no)
Sufficiency of disclosure - 4th auxiliary request (yes)
Novelty - 1st, 2nd and 3rd auxiliary requests (no)
Novelty - 4th auxiliary request (yes)
Amendments - 4th auxiliary request (allowable)
Claims - clarity
Claims - 4th auxiliary request (yes)
Inventive step - 4th auxiliary request (yes) - 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 opposition division with the order to maintain the patent as amended in the following version:
Description:
Pages 2 and 3 of the amended patent specification received during the oral proceedings of 4 July 2019;
Pages 4 and 5 of the patent specification.
Claims:
No 1 to 20 of the 4**(th) auxiliary request received during the oral proceedings of 4 July 2019.
Drawings:
Figs. 1 - 11 of the patent specification.