T 0315/97 (Reformatio in peius) of 17.12.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T031597.19981217
- Date of decision
- 17 December 1998
- Case number
- T 0315/97
- Petition for review of
- -
- Application number
- 86308961.1
- IPC class
- G02B 5/128
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0315/97 2002-06-21T 0315/97 2002-10-02
- Abstracts for this decision
- -
- Application title
- Revêtement rétroréflecteur à lentilles encapsulées et méthode de fabrication
- Applicant name
- Minnesota Mining
- Opponent name
- Nippon Carbide Industries Co.
Ltd. - Board
- 3.4.02
- Headnote
The following point of law is referred to the Enlarged Board of Appeal:
Must an amended claim which would put the opponent and sole appellant in a worse situation than if he had not appealed - e.g. by deleting a limiting feature of the claim - be rejected?
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973
- Keywords
- Reformatio in peius
- Catchword
- -
ORDER
For these reasons it is decided that:
The following point of law is referred to the Enlarged Board of Appeal:
Must an amended claim which would put the opponent and sole appellant in a worse situation than if he had not appealed - e.g. by deleting a limiting feature of the claim - be rejected?