T 1024/98 (Recording material/OJI PAPER) of 05.02.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T102498.20030205
- Date of decision
- 5 February 2003
- Case number
- T 1024/98
- Petition for review of
- -
- Application number
- 91100836.5
- IPC class
- B41M 5/30
- 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
- Heat-sensitive recording material
- Applicant name
- OJI PAPER CO., LTD.
- Opponent name
- OKUNO Masafumi
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 66 1973
- Keywords
- Main request: clarity (yes) - only mandatory features are to be incorporated into a claim
Fresh ground of opposition - not admitted
Inventive step (yes) - ex post facto analysis inadmissible - 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 in amended form with claims 1 to 8 for the Contracting States of DE and GB and of claims 1 to 8 for the Contracting State of FR according to the main request submitted under cover of the letter dated 2 January 2003 and a description to be adapted thereto.