T 0034/22 (Glass ceramic/GLIDEWELL) of 01.12.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T003422.20231201
- Date of decision
- 1 December 2023
- Case number
- T 0034/22
- Petition for review of
- -
- Application number
- 09730854.8
- 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
- LITHIUM SILICATE GLASS CERAMIC AND METHOD FOR FABRICATION OF DENTAL APPLIANCES
- Applicant name
- James R. Glidewell Dental Ceramics, Inc.
- Opponent name
- Ivoclar Vivadent AG
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Sufficiency of disclosure - (yes)
Inventive step - main request (yes)
Inventive step - non-obvious alternative - 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 claims of the main request previously filed as auxiliary request 3 with the reply and a description to be adapted.