T 0271/94 of 07.05.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T027194.19960507
- Date of decision
- 7 May 1996
- Case number
- T 0271/94
- Petition for review of
- -
- Application number
- 87301927.7
- IPC class
- A46B 9/06
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Mascara brush
- Applicant name
- HENLOPEN MANUFACTURING CO., INC., et al
- Opponent name
- Otto Katz
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973
- Keywords
- Inventive step (yes for auxiliary request No. 8) Extension of subject-matter by generalisation of features (yes)
Remittal to examining division
Decision re appeals - remittal (yes)
Amendments - agreed by the boards (no) - Catchword
- -
- Cited cases
- T 0194/84
- 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 following claims, and a description and drawings to be adapted.
Claims 1 to 6 as filed with the letter dated 19 April 1996 and called in said letter the third auxiliary request.