T 0323/90 of 04.06.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T032390.19920604
- Date of decision
- 4 June 1992
- Case number
- T 0323/90
- Petition for review of
- -
- Application number
- 82304362.5
- IPC class
- A24B 3/18
- 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
- Process for increasing the filling power of tobacco lamina filler
- Applicant name
- Philip Morris Products Inc.
- Opponent name
- B.A.T. Cigarettenfabriken GmbH
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104 1973European Patent Convention Art 112(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 87 1973
- Keywords
- Priority right
Novelty and inventive step - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons, it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the first instance with the order to maintain the patent with the documents which form the basis of the auxiliary request:
Description: pages 2 and 5 to 16 as granted, pages 3 and 4 as filed during the oral proceedings
Claims: Claims 1 to 7 as filed during the oral proceedings
3. The request of apportionment of costs is rejected.
4. The request to have a question referred to the Enlarged Board is rejected.