T 0970/93 of 15.03.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T097093.19960315
- Date of decision
- 15 March 1996
- Case number
- T 0970/93
- Petition for review of
- -
- Application number
- 86102364.6
- IPC class
- B21B 1/28B21B 37/00B21B 35/04
- 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
- Continuous multi-stand mill plant for rolling steel plates
- Applicant name
- NIPPON STEEL CORPORATION
- Opponent name
- Siemens AG
SMS Schloemann-Siemag AG - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 54 1973
- Keywords
- Prior use - late filed - substantiation
Novelty - main request - (no)
Costs apportionment - oral proceedings - (yes)
Decision re-appeals - remittal (yes) - Catchword
- I. Allegations based solely on suspicion cannot reasonably be expected to form a valid ground for throwing doubt on the credibility of evidence (reasons point 2.8).
II. When applying the principle of the balance of probabilities in respect of the substantiation of an alleged prior use, it can be reasonably assumed that an essential feature of an industrial plant, which is visited by the public, has been made available to that public (reasons 2.9).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The respondent's main request is rejected.
3. The case is remitted to the first instance for further prosecution on the basis of the respondent's auxiliary requests 1 to 7 filed during the oral proceedings.
4. Appellant I is ordered to reimburse the respondent's costs incurred as a result of the oral proceedings.