T 0609/94 of 27.02.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T060994.19970227
- Date of decision
- 27 February 1997
- Case number
- T 0609/94
- Petition for review of
- -
- Application number
- 83303373.1
- IPC class
- G02F 1/137G02F 1/133
- 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
- Liquid crystal devices
- Applicant name
- Secretary of State for Defence, United Kingdom
- Opponent name
- Asea Brown Boveri AG
Philips Electronics N.V. - Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 111(2) 1973
- Keywords
- Binding effect of an appeal decision (ratio decidendi)
- Catchword
- When, by decision of a Board of Appeal, the case is remitted to the first instance with the order to continue the procedure on the basis of a first set of claims, the first instance is not entitled to reject new claims merely by reference to said decision, when said new claims, while differing from said first claims, do not contravene the ratio decidendi of said decision.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to continue the opposition procedure on the basis of claims to be filed by the Appellant and taking into account the provisions of sections 2.4 and 2.5.