T 0693/98 of 25.04.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T069398.20020425
- Date of decision
- 25 April 2002
- Case number
- T 0693/98
- Petition for review of
- -
- Application number
- 91110797.7
- IPC class
- B60T 8/88
- 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
- Antilock brake control system
- Applicant name
- AISIN SEIKI KABUSHIKI KAISHA
- Opponent name
- Robert Bosch GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 102(3) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973European Patent Convention R 55(c) 1973
- Keywords
- Fresh ground for opposition (not admitted)
Inventive step (yes) - Catchword
- The fact that amendments have been made to a claim in the course of the opposition proceedings does not allow an opponent to raise an admissible objection under Article 123(2) EPC at the appeal stage in the absence of the patentee's agreement, if such objection results from an amendment made before grant and has not been originally raised as a ground for opposition under Article 100(c) EPC pursuant to Rule 55(c) EPC (cf Point 2 of the reasons).
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 and 2 presented at the oral proceedings of 25. April 2002;
- claim 3, description and drawings of the patent specification.