T 0443/96 of 10.12.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T044396.19971210
- Date of decision
- 10 December 1997
- Case number
- T 0443/96
- Petition for review of
- -
- Application number
- 86105554.9
- IPC class
- C25D 1/04
- 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
- Electrodeposited copper foil
- Applicant name
- Mitsui Mining & Smelting Co., Ltd.
- Opponent name
- Circuit Foil Luxembourg S.A.
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Main request: protection extended (no)
Subject-matter extended (no)
Sufficiency of disclosure (yes)
Clarity (yes)
Novelty (yes)
Inventive step (yes) - Catchword
- with respect to a feature of an amended claim for maintaining a patent in amended form, said feature resulting from amendments of the application as filed made before grant of the patent and whereby no ground of opposition concerning the allowability of amendments was contained in the notice of opposition pursuant to Rule 55(c) EPC and no objection in this sense has been made during the opposition proceedings, the Board of Appeal may examine this point only with the approval of the patentee. However, the Board may not examine this point if patentee's arguments are convincing that, prima facie, these amendments of the application as filed are correctly based on the application as filed.
- 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 in amended form on the basis of appellant's main request (claims 1 and 2) filed during the oral proceedings of 10 December 1997, with the description to be adapted and the drawings as granted.