T 1851/16 of 24.06.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T185116.20190624
- Date of decision
- 24 June 2019
- Case number
- T 1851/16
- Online on
- 4 October 2019
- Petition for review of
- -
- Application number
- 07252009.1
- IPC class
- A43C 15/16A43B 13/26
- 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
- Footwear sole
- Applicant name
- Berghaus Limited
- Opponent name
- -
- Board
- 3.2.03
- 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 52(1)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Claims - clarity after amendment (yes)
Novelty - after amendment (yes)
Inventive step - after amendment (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 examining division with the order to grant a patent in the following version:
- claims 1 to 3 filed as main request in the oral proceedings before the Board;
- description pages 1 to 3, 3A and 4 to 21 filed in the oral proceedings before the Board; and
- drawing sheets 1/9 to 6/9, 8/9 and 9/9 of the application as originally filed, and drawing sheet 7/9 filed in the oral proceedings before the Board.