T 0926/93 (Gas laser device) of 01.10.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T092693.19961001
- Date of decision
- 1 October 1996
- Case number
- T 0926/93
- Petition for review of
- -
- Application number
- 85101372.2
- IPC class
- H01S 3/0975
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Gas laser device
- Applicant name
- Mitsubishi Denki
- Opponent name
- Siemens AG
- Board
- 3.4.01
- Headnote
An opponent may only substantiate a ground of opposition against a single claim of each request on file. If he succeeds in establishing that a claim of each request is not allowable, the patent will be revoked. Thus an opponent is under no obligation to "overkill" requests put forward by the proprietor by substantiating grounds of opposition against more than one claim of such request.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Main request: inventive step (no)
First auxiliary request: not disclosed subject-matter
Second auxiliary request: not admitted as belated and not clearly allowable - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision of the Opposition Division dated 10 August 1993 is set aside.
2. The European Patent is revoked.