T 0233/93 of 28.10.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T023393.19961028
- Date of decision
- 28 October 1996
- Case number
- T 0233/93
- Petition for review of
- -
- Application number
- 84302988.5
- IPC class
- D02J 1/22
- 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
- Improved process for annealing polyester filaments and new products thereof
- Applicant name
- E.I. DU PONT DE NEMOURS AND COMPANY
- Opponent name
- EMS-INVENTA AG
HOECHST Aktiengesellschaft Zentrale Patentabteilung - Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Scope of appeal - defined by requests of appellant
Novelty and inventive step (yes) - Catchword
- If the appellant II withdraws his appeal but not his opposition, he falls back into the role of a party as of right in the sense of Article 107 EPC, second sentence and the scope of the appeal is defined by the request of appellant I, which the non-appealing party may not exceed (G 9/92, OJ EPO, 1994, 875). As appellant I only objected to those parts of the impugned decision which relate to product claims the Board is not authorised to question the patentability of the process claims.
- Cited cases
- G 0009/92
ORDER
for these reasons it is decided that:
The appeal is dismissed.