T 0554/98 of 05.10.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T055498.19991005
- Date of decision
- 5 October 1999
- Case number
- T 0554/98
- Petition for review of
- -
- Application number
- 90202879.4
- IPC class
- A43B 5/04
- 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
- Inner lining shoe for ski boots having a one piece tongue assembly
- Applicant name
- Tecnica SpA
- Opponent name
- Benetton Sportsystem S.p.A.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b) 1973European Patent Convention Art 104(1) 1973European Patent Convention Art 107 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 69 1973European Patent Convention Art 84 1973European Patent Convention R 64(b) 1973
- Keywords
- Admissibility of appeal - yes
Novelty and Inventive step - third auxiliary request - yes
Different apportionment of costs - no
Referral to the Enlarged Board of Appeal - no - Catchword
- -
- Citing cases
- T 0674/02
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 as amended in the following version:
Claims: 1 to 3 and description columns 1 to 3 as submitted during the oral proceedings before the Board,
Drawings: Figures 1 to 4 as granted (third auxiliary request).
3. The request to refer a point of law to the Enlarged Board of Appeal is rejected.
4. The request for apportioning costs to the respondent is rejected.