T 0474/17 of 25.02.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T047417.20210225
- Date of decision
- 25 February 2021
- Case number
- T 0474/17
- Petition for review of
- -
- Application number
- 10181690.8
- IPC class
- C23C 30/00C23C 16/36
- 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
- Coated cutting tool
- Applicant name
- Mitsubishi Materials Corporation
- Opponent name
- Sandvik Intellectual Property AB
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Novelty - implicit disclosure (yes/no)
Novelty - main request (no)
Novelty - auxiliary request (yes)
Amendments - extension beyond the content of the application as filed (no)
Amendments - disclosure of amended values in examples
Grounds for opposition - clarity in opposition appeal proceedings
Grounds for opposition - fresh ground raised in appeal
Grounds for opposition - admittance (no)
Inventive step - non-obvious solution - Catchword
- -
- 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 in the following version:
- claims 1 to 5 filed as auxiliary request 3 with the reply to the grounds of appeal dated 28 September 2017,
- description pages 2 to 13 filed at the oral proceedings before the Board on 25 February 2021 and
- figures 1(a), 1(b), 2 and 3 of the patent specification.