T 0582/91 of 11.11.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T058291.19921111
- Date of decision
- 11 November 1992
- Case number
- T 0582/91
- Petition for review of
- -
- Application number
- 85830011.4
- IPC class
- F16D 65/02F16D 55/02
- 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
- Friction pad assembly for use in a disc brake for vehicles
- Applicant name
- Metal-Fren
- Opponent name
- 01 Teves GmbH
02 Textar GmbH - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973European Patent Convention Art 87 1973European Patent Convention Art 88(2) 1973European Patent Convention Art 88(3) 1973
- Keywords
- Claimed priority allowable
Independent claim combined with one feature of a dependent claim - no relationship with other features of the dependent claim - allowable
Novelty (yes)
Inventive step (yes) - Catchword
- A feature added to an independent claim after the priority date and not constituting an essential element of the invention but a voluntary limitation of the scope of that claim does not invalidate the priority claimed (point 3.1).
One feature of a dependent claim can be combined with a preceding independent claim if there is clearly no close functional or structural relationship between the one feature of that dependent claim and its other features or between that one feature and the teaching of other dependent claims referred to in that dependent claim (point 2.2). - Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The impugned decision is set aside.
2. The case is remitted to the first instance to maintain the patent with the documents in accordance with the main request (see point VI of this decision).