European Patent Office

T 0265/17 of 25.11.2020

European Case Law Identifier
ECLI:EP:BA:2020:T026517.20201125
Date of decision
25 November 2020
Case number
T 0265/17
Online on
25 February 2021
Petition for review of
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Application number
10190784.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Semiconductor light emitting device comprising uneven substrate
Applicant name
Nichia Corporation
Opponent name
Engel, Christoph K.
Board
3.4.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 114(1) 1973European Patent Convention R 71(2) 1973Rules of procedure of the Boards of Appeal Art 12(2) (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 12(3) (2020)Rules of procedure of the Boards of Appeal Art 15 (2020)Rules of procedure of the Boards of Appeal Art 25(2) (2020)
Keywords
Novelty - main request (yes)
Inventive step - main request (yes)
Catchword
-
Cited cases
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Citing cases
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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, 4 to 16 of the patent specification, pages 3 and 3a as filed during the oral proceedings before the Board,

Claims: 1-12 of the Main Request filed with the statement of the grounds of appeal dated 10 May 2017,

Drawings: Figures 1 to 17 of the patent specification.