T 0438/99 of 24.01.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T043899.20020124
- Date of decision
- 24 January 2002
- Case number
- T 0438/99
- Petition for review of
- -
- Application number
- 91312017.6
- IPC class
- G11B 5/66
- 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
- Magnetic recording medium
- Applicant name
- KONICA CORPORATION
- Opponent name
- BASF Magnetics GmbH
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973
- Keywords
- Added subject-matter - (yes)
- Catchword
- A phrase in a passage in the description of a patent application which is essential to the disclosure of the invention or definition of the subject-matter for which protection is sought and which (phrase) cannot be interpreted or construed because it contains an unresolvable ambiguity may, nevertheless, not be deleted under Article 123(2) EPC if the passage after amendment arguably conveys a different technical teaching; cf reasons 5.3.
- Cited cases
- G 0011/91
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.