T 0385/97 (Dental impression tray/MINNESOTA MINING AND MANUFACTURING CO.) of 11.10.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T038597.20001011
- Date of decision
- 11 October 2000
- Case number
- T 0385/97
- Petition for review of
- -
- Application number
- 91905092.2
- IPC class
- A61C 9/00
- 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
- Preloaded Thermoplastic Dental Impression Tray
- Applicant name
- MINNESOTA MINING AND MANUFACTURING COMPANY
- Opponent name
- OMEGA Patentverwertungsgesellschaft mbH
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973
- Keywords
- Remittal: yes
- Catchword
- If first instance departments and/or parties have failed to take account of highly relevant matter which is clearly available in the file and which relates to a ground of opposition, the Board's competence extends to rectifying the position by consideration of that matter provided the parties' procedural rights to fair and equal treatment are respected (Reasons 3.2).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. Documents (5) and (6) are admitted into the proceedings.
3. The case is remitted to the first instance for further prosecution.