European Patent Office

T 0755/90 of 01.09.1992

European Case Law Identifier
ECLI:EP:BA:1992:T075590.19920901
Date of decision
1 September 1992
Case number
T 0755/90
Petition for review of
-
Application number
83303938.1
IPC class
D01F 6/84
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Improved polyester fiber and method of production thereof
Applicant name
TORAY INDUSTRIES, INC.
Opponent name
01) Viscosuisse SA
02) Hoechst AG
Board
3.3.03
Headnote
-
Keywords
Novelty (yes) - additional parameter
Inventive step (main request: no) - problem and solution
Inventive step (auxiliary request: yes)
Novelty - combination of disclosure
Costs - apportionment - equity (yes) - late filed claims
Decision re appeals - remittal (no)
Oral proceedings - request refused
Examination of own motion - late submitted material - document admitted (no)
Examination of own motion - late submitted material - relevant (no)
Reimbursement of appeal fee - withdrawal of appeal (no)
Catchword
General technical problem not solved - solution of the limited technical problem not inventive
Citing cases
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ORDER

For these reasons, it is decided that:

1. The request for further oral proceedings is rejected.

2. The decision under appeal is set aside.

3. The main request for the Contracting States DE, FR and GB is rejected.

4. The request for the Contracting State IT is rejected.

5. The case is remitted to the Opposition Division with the order to maintain the patent on the basis of Claims 1 to 6 filed during oral proceedings as auxiliary request for the Contracting States DE, FR and GB and a description yet to be adapted.

6. The costs in the appeal procedure shall be apportioned so that the Appellant shall pay to Respondent 1 all the costs incurred by Respondent 1 in preparing and filing the written statement dated 2 March 1992.

7. The request of Respondent 1 for reimbursement of the appeal fee is rejected.