T 0553/99 (Undisclosed limiting feature/MANNESMANN) of 21.02.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T055399.20010221
- Date of decision
- 21 February 2001
- Case number
- T 0553/99
- Petition for review of
- -
- Application number
- 91916547.2
- IPC class
- B60K 37/04
- 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
- Reflection minimizing apparatus comprising a display unit of a vehicle dashboard
- Applicant name
- AB VOLVO
- Opponent name
- Mannesmann VDO AG
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973
- Keywords
- Addition to a claim of an undisclosed feature limiting the scope of protection during examination proceedings
Conflict between Article 123(2) and (3) EPC solved by the addition of a further feature which is properly disclosed and renders the undisclosed feature inessential - Catchword
- If a claim as granted contains an undisclosed, limiting feature in contravention of Article 123(2) EPC it can be maintained in the claim without violating Article 123(2) provided that a further limiting feature is added to the claim which further feature
(i) is properly disclosed in the application as filed, and
(ii) deprives the undisclosed feature of all technical contribution to the subject-matter of the claimed invention (following decision G 1/93 OJ EPO 1994, 541, point 2 of the order).
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 to 4 (first auxiliary request) and description submitted at the oral proceedings on 21 February 2001, drawings as granted.