T 1079/96 of 06.11.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T107996.19981106
- Date of decision
- 6 November 1998
- Case number
- T 1079/96
- Petition for review of
- -
- Application number
- 89402087.4
- IPC class
- C08J 7/17
- 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
- Hydrophilic material and method of manufacturing the same
- Applicant name
- Terumo Kabushiki Kaisha
- Opponent name
- Akzo Nobel Faser AG
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 102(2) 1973European Patent Convention Art 102(3) 1973European Patent Convention Art 107 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 69 1973European Patent Convention Art 84 1973European Patent Convention R 58(2) 1973European Patent Convention R 58(4) 1973European Patent Convention R 58(5) 1973European Patent Convention R 67 1973
- Keywords
- Maintenance in amended form - opponent not informed of the full amended text - adaptation of the description - substantial procedural violation
- Catchword
- -
ORDER
For these reasons it is decided that:
1. The appealed decision is set aside.
2. The case is remitted to the first instance with the order to grant a patent in the following version:
Claims: 1 to 7, filed before the first instance with letter dated 21 May 1996,
Description: pages 2, 7 and 8 as granted, pages 3 to 5 as filed with letter dated 17 July 1998, page 6 as filed with letter dated 28. April 1998,
Figures: 1 and 2 as granted.
3. The reimbursement of the appeal fee is ordered.