T 1251/19 of 14.02.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T125119.20230214
- Date of decision
- 14 February 2023
- Case number
- T 1251/19
- Petition for review of
- -
- Application number
- 05821506.2
- 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
- METHOD FOR MANUFACTURING A PLASTIC FUEL TANK WITH IMPROVED CREEP STRENGTH
- Applicant name
- Plastic Omnium Advanced Innovation and Research
- Opponent name
- Kautex Textron GmbH & Co. KG
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 116(1)European Patent Convention Art 123(2)European Patent Convention Art 54Rules of procedure of the Boards of Appeal 2020 Art 012(8)Rules of procedure of the Boards of Appeal 2020 Art 015(1)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Decision in written proceedings after withdrawal of all requests for oral proceedings
Main request and auxiliary request 1 - amendments - added subject-matter (yes)
Auxiliary request 2 - novelty - (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The appeal of the opponent is dismissed.
2. The decision under appeal is set aside.
3. The case is remitted to the opposition division with the order to maintain the patent with the following claims and a description to be adapted thereto:
Claims:
No. 1 to 9 according to the second auxiliary request received during oral proceedings of 7 March 2018.