T 0986/93 of 25.04.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T098693.19950425
- Date of decision
- 25 April 1995
- Case number
- T 0986/93
- Petition for review of
- -
- Application number
- 88305884.4
- IPC class
- B60C 23/00
- 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
- Central tire inflation system
- Applicant name
- Eaton Corporation
- Opponent name
- WABCO
- Board
- 3.2.01
- Headnote
A Board of Appeal is not barred from considering a belatedly submitted ground of opposition which had been disregarded by the Opposition Division pursuant to Article 114(2) EPC if the Board is of the opinion that the Opposition Division exercised its discretion in this respect wrongly, see points 2.1 to 2.5 of the reasons.
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 56 1973
- Keywords
- Late submitted ground of opposition - considered
Opposition grounds - extension of subject-matter (yes)
Inventive step (yes) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The main request of the Respondent is rejected.
3. The case is remitted to the first instance with the order to maintain the patent on the basis of Claims 1 and 2 according to conditional submission 2 filed on 27. March 1995 together with the description and drawings as granted.