T 0500/95 of 07.08.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T050095.19980807
- Date of decision
- 7 August 1998
- Case number
- T 0500/95
- Petition for review of
- -
- Application number
- 89103203.9
- IPC class
- A61F 13/15
- 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
- Sanitary napkin having elastic shaping means
- Applicant name
- McNeil-PPC, Inc.
- Opponent name
- Mölnlycke AB
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 85 1973
- Keywords
- Claims - clarity (yes)
Novelty (yes, after amendments) - Catchword
- -
- 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 as follows:
(a) Claims for Spain, as maintained by the opposition division in the decision under appeal, and
(b) Claims for the designated states AT, BE, CH, DE, FR, GB, IT, LI, LU, NL and SE, in accordance with the auxiliary request submitted on 7 July 1998;
(c) both (a) and (b) with the description and drawings as specified in the decision under appeal.