T 1002/95 of 10.02.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T100295.19980210
- Date of decision
- 10 February 1998
- Case number
- T 1002/95
- Petition for review of
- -
- Application number
- 85107659.6
- IPC class
- F16L 11/08
- 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
- Flexible composite pipe for high-temperature fluids
- Applicant name
- The Furukawa Electric Co., Ltd.
- Opponent name
- Coflexip
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 56 1973European Patent Convention R 57a 1973
- Keywords
- Sufficiency of disclosure (yes)
Amendments to a claim previously accepted by the Opposition Division and not arising from the appeal (allowed)
Opposing party adversely affected (no)
Inventive step (no) - Catchword
- Having regard to Rule 57a EPC, a non-appealing patent proprietor is entitled to make amendments on its own volition in cases where these amendments - although occasioned by an opposition ground under Article 100 EPC - do not arise from the opponent's appeal (see points 3.2 to 3.5).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.