T 0473/99 of 22.10.2002

European Case Law Identifier: ECLI:EP:BA:2002:T047399.20021022
Date of decision: 22 October 2002
Case number: T 0473/99
Petition for review of: -
Application number: 91311947.5
IPC class: B29C 47/02
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: Method and apparatus for manufacturing panel with frame
Applicant name: TOKAI KOGYO KABUSHIKI KAISHA
Opponent name: ASAHI GLASS COMPANY LTD
Board: 3.2.05
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2) 1973 European Patent Convention Art 54 1973 European Patent Convention Art 56 1973
Keywords: Reinstating broader claims in appeal proceedings than the claims defended before the Opposition Division is a matter of discretion of the Board
Added subject-matter (main request and first auxiliary request) - no
Novelty (main request) - no
Inventive step (first auxiliary request) - yes
Catchword: -
Cited cases: T 0123/85 T 0331/87 T 0840/93
Citing cases: T 0386/04

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 on the basis of the following documents:

(a) claims 1 to 8 submitted as first auxiliary request during oral proceedings;

(b) description: page 2 submitted during oral proceedings before the Opposition Division on 2. February 1999, and pages 3 to 7, and 8, column 13, lines 1 to 15, as granted;