T 0899/17 (Fundamental deficiency - lack of reasoning) of 09.07.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T089917.20190709
- Date of decision
- 9 July 2019
- Case number
- T 0899/17
- Petition for review of
- -
- Application number
- 05732451.9
- IPC class
- B32B 27/32B32B 27/08
- 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
- MULTI-LAYER FILMS HAVING IMPROVED SEALING PROPERTIES
- Applicant name
- Jindal Films Americas LLC
- Opponent name
- Taghleef Industries LLC
Treofan Germany GmbH & Co. KG - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Remittal to the department of first instance - fundamental deficiency in first instance proceedings (yes)
Reimbursement of appeal fee - Catchword
- The reasons for the failure of auxiliary requests which were skipped in the discussion during the oral proceedings before the opposition division in favour of more promising lower-ranking auxiliary requests and which were explicitly not withdrawn by the patent-proprietor have to be set out in the written decision.
- Citing cases
- T 1051/20
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 for further prosecution on the basis of the claim requests on file at the oral proceedings of 25 November 2015.
3. The appeal fees paid by the patent proprietor, opponent 1 and opponent 2 are to be reimbursed.