T 1167/97 of 17.11.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T116797.19991117
- Date of decision
- 17 November 1999
- Case number
- T 1167/97
- Petition for review of
- -
- Application number
- 89302900.9
- 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
- Radial tyre
- Applicant name
- Sumitomo Rubber Industries Limited
- Opponent name
- Compagnie Générale des Etablissements Michelin Michelin Et Cie
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Novelty (yes)
Inventive step (yes)
Deletion of an example in the description which does not work in accordance with the claimed invention (allowable under Article 123(2) EPC). - Catchword
- -
- 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 with the following documents:
Claims: 1 to 5 according to the main request filed during the oral proceedings before the Board.
Description: pages 2 to 7 as filed during the oral proceedings before the Board.
Drawings: as granted.