T 0602/18 (Binding effect/WABCO) of 06.06.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T060218.20190606
- Date of decision
- 6 June 2019
- Case number
- T 0602/18
- Petition for review of
- -
- Application number
- 04733842.1
- IPC class
- B01D 53/26
- 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
- AIR DRYER CARTRIDGE
- Applicant name
- WABCO GmbH
- Opponent name
- Knorr-Bremse Systeme für Nutzfahrzeuge GmbH
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(2)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Substantial procedural violation - (yes)
Substantial procedural violation - appealed decision reasoned (no)
Reimbursement of appeal fee - (yes)
Remittal to the department of first instance - (no)
Remittal to the department of first instance - fundamental deficiency in first instance proceedings (yes)
Remittal to the department of first instance - special reasons for not remitting the case - 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 department of first instance
with the order to maintain the patent in amended form on the
basis of the following:
Claims 1 to 5 of the request as referred to in the order of
the decision of 29 October 2015 in case T 303/13 and the
description, pages 1 to 16, and drawing sheets 1 to 7, both
submitted with letter dated 21 March 2017.
3. The appeal fee is to be reimbursed.