T 1090/98 of 17.09.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T109098.20010917
- Date of decision
- 17 September 2001
- Case number
- T 1090/98
- Petition for review of
- -
- Application number
- 92900451.3
- 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
- Coating process
- Applicant name
- Kodak Limited Eastman Kodak Company
- Opponent name
- Fuji Photo Film, Co., Ltd.
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111 1973European Patent Convention Art 52 1973European Patent Convention Art 54 1973European Patent Convention Art 57 1973
- Keywords
- Novelty (yes)
- Catchword
- -
- Citing cases
- -
4. Since the subject-matter of claims 1 to 5 according to the main request has not yet been fully examined by the opposition division within the terms of Articles 52 to 57. EPC the board considers it appropriate to remit the case to the first instance for further prosecution (Article 111(2) EPC). 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 for further prosecution.