T 0005/90 (Change of claim category/GOODYEAR) of 27.11.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T000590.19921127
- Date of decision
- 27 November 1992
- Case number
- T 0005/90
- Petition for review of
- -
- Application number
- 82630017.0
- IPC class
- C08L 67/02
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- High clarity colorless polyesters
- Applicant name
- THE GOODYEAR TIRE & RUBBER COMPANY
- Opponent name
- -
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973
- Keywords
- Change of claim category (allowable in this instance): process- limited-by-product claim and direct product of this process within scope of product claim originally granted
Inventive step - yes - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The appeal decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent on the basis of the claim and the amended pages 3 and 4 submitted in the course of the oral proceedings, and the headings and sentences appearing on the first page accompanying the letter dated 31 May 1989 received on 1 June 1989 from "Description" to "greyness therein." inclusive, ad pages 2 and 5 to 11 of the description as received on 1 June 1989. patent as granted.