T 1051/92 of 26.04.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T105192.19940426
- Date of decision
- 26 April 1994
- Case number
- T 1051/92
- Petition for review of
- -
- Application number
- 87300326.3
- IPC class
- B65D 81/20B65D 30/08B32B 15/08
- 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
- Package of smooth appearance, method of making thereof and roll of web product for forming it
- Applicant name
- Fres-Co System USA, Inc.
- Opponent name
- Scheuch GmbH & Co. KG
Wipf AG Verpackungen
Rhône-Poulenc Multi-Techniques - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113 1973European Patent Convention Art 116 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Novelty (yes)
Inventive step (yes), substantial procedural violation (no)
Reimbursement of the appeal fee (no) - Catchword
- The right to oral proceedings is not restricted to the submission of "substantial new arguments" at such proceedings. However, the mere information provided by the Opposition Division in a communication that in case the Opponent did not submit new arguments at the oral proceedings he would run the risk of having to pay costs incurred by the Patentee, cannot be considered as constituting a substantial procedural violation.
- Citing cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent with the Claims 1 to 7 and the description columns 1 to 5 presented at the oral proceedings together with the drawings as granted.
3. The request for reimbursement of the appeal fee is rejected.