T 0458/96 of 07.10.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T045896.19981007
- Date of decision
- 7 October 1998
- Case number
- T 0458/96
- Petition for review of
- -
- Application number
- 87301851.9
- 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
- Electrical connector with pin retention feature
- Applicant name
- E.I. Du Pont de Nemours and Company
- Opponent name
- 01: The Whitaker Corporation
02: Minnesota Mining & Manufacturing Company of 3M Centre
03: Siemens AG
04: Stocko Metallwarenfabriken Henkels und Sohn GmbH & Co. - Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step - (yes) after amendment
- Catchword
- When both the technical content of a claim and the whole description of the patent clearly establish that the specific manner in which terminal pins of an electrical connector cooperate with respective holes in a printed circuit board constitutes an essential feature of the invention for which protection is sought, a claim directed to an electrical connector which is defined inter alia by way of features reciting such specific cooperation cannot be construed as if these features merely defined an intended use of the connector, which should be disregarded for the purpose of assessing patentability of the claimed subject-matter (see point 3 of the Reasons).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent in amended form as follows:
Claims: 1 as presented at the oral proceedings of 7. October 1998; 2. to 11 of the patent specification;
Description: to be adapted;
Drawings: sheets 1/4 to 4/4 as in the patent specification.