T 0113/96 of 19.12.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T011396.19971219
- Date of decision
- 19 December 1997
- Case number
- T 0113/96
- Petition for review of
- -
- Application number
- 90102103.0
- IPC class
- F01N 3/20
- 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
- Method of removing nitrogen oxides in exhaust gases from a diesel engine
- Applicant name
- Nippon Shokubai Kagaku Kogyo Co Ltd
- Opponent name
- Bayerische Motoren Werke Aktiengesellschaft
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - no (main and first auxiliary requests)
Inventive step - yes (second auxiliary request)
New filed documents - no remittal - Catchword
- Filing with the statement setting out the grounds of appeal, new documents reinforcing the line of attack already made before the first instance has to be considered as the normal behaviour of a losing party.
- Cited 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 European patent with the following version:
Claims:
1. to 5 of the second auxiliary request as filed during the oral proceedings on 19. December 1997.
Description:
Columns 1 to 22 as filed during the oral proceedings on 19 December 1997.
Drawings:
Figures 1 to 9 as filed during the oral proceedings on 19 December 1997.