T 0576/89 (Moulding process) of 29.04.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T057689.19920429
- Date of decision
- 29 April 1992
- Case number
- T 0576/89
- Petition for review of
- -
- Application number
- 83300257.9
- IPC class
- C08L 23/04
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Du Pont
- Opponent name
- BASF, AKZO
- Board
- 3.3.03
- Headnote
When an opposition seeking the revocation of a patent results in its being upheld on the basis of an auxiliary request, both parties clearly have a right to appeal. If in fact only one appeals, with the consequence that the Respondent becomes a party to the appeal by virtue of Article 107 EPC, the Respondent does not need to file a cross-appeal as a condition for being entitled to request (depending on which party has appealed) that a broader claim should be allowed, or that the patent should be revoked in its entirety.
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 56 1973
- Keywords
- Cross-appeal - no necessity to file
Inventive step - no
Promising prior art pointing to the solution claimed
No unexpected effect - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.