T 0325/95 of 18.11.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T032595.19971118
- Date of decision
- 18 November 1997
- Case number
- T 0325/95
- Petition for review of
- -
- Application number
- 84300845.9
- IPC class
- G02F 1/137G02F 1/133
- 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
- A multicolor liquid crystal display
- Applicant name
- Xerox Corporation
- Opponent name
- Diehl GmbH & Co
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973European Patent Convention Art 69 1973
- Keywords
- Inadmissible extension of the protection conferred (no)
Inventive step (confirmed) - Catchword
- The "protection conferred" by a claim in the sense of Article 123(3) EPC is defined by the terms of the claim (see Article 69(1) EPC), and is not dependent on the actual validity of the claim in view of the prior art.
- Cited cases
- G 0002/88
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 in amended form on the basis of the following documents:
Claims:
1. to 9 filed with the letter of 11. November 1997;
Description:
page 2 filed with the letter of 11. November 1997;
pages 3 to 4 and 6 to 11 according to the published patent specification;
page 5 filed at the oral proceedings held before the Opposition Division on 18 January 1995;
page 5a filed at the oral proceedings held before the Board of Appeal on 18. November 1997;
Figures 1 to 12 of the published patent specification.