T 1007/95 (Appeal inadmissible/PERSTORP) of 17.11.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T100795.19981117
- Date of decision
- 17 November 1998
- Case number
- T 1007/95
- Petition for review of
- -
- Application number
- 89102757.5
- IPC class
- B32B 29/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Procédé pour la production de stratifié décoratif et thermodurcissable
- Applicant name
- Perstorp AB
- Opponent name
- Pfleiderer Industrie GmbH & Co. KG
- Board
- 3.3.03
- Headnote
An appeal unconnected with the reasons given in the appealed decision (lack of inventive step) and directed only to a new ground for opposition (lack of novelty) based on a new document is contrary to the principles laid down in decisions G 9/91 and G 10/91, according to which an appeal should be within the same legal and factual framework as the opposition proceedings. It is tantamount to a new opposition and is thus inadmissible.
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention R 65(1) 1973
- Keywords
- Grounds for appeal unconnected with reasons for appealed decision - new document supporting a new ground for opposition - inadmissibility of appeal
- Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.