T 0633/16 of 10.07.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T063316.20200710
- Date of decision
- 10 July 2020
- Case number
- T 0633/16
- Petition for review of
- -
- Application number
- 04747491.1
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- FORGERY PREVENTING LABEL AND METHOD OF MANUFACTURING THE SAME
- Applicant name
- DAI NIPPON PRINTING CO., LTD.
- Opponent name
- Bundesdruckerei GmbH
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) (2007)European Patent Convention Art 52(1) (2007)European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 12(3)(a) (2020)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 13(3) (2007)Rules of procedure of the Boards of Appeal Art 25(1) (2020)Rules of procedure of the Boards of Appeal Art 25(2) (2020)Rules of procedure of the Boards of Appeal Art 25(3) (2020)
- Keywords
- documents E6 to E10 filed with statement of grounds of appeal - admitted (yes)
Wikipedia extracts cited by appellant - admitted (no)
appellant's new line of attack - alleged lack novelty based on E3 - admitted (yes)
appellant's new line of arguments - admitted (yes)
main request - claim 1 - novelty (yes)
main request - claim 1 - inventive step (no)
auxiliary requests 1 and 1a - claim 1 - added subject-matter (yes)
auxiliary request 1b filed after oral proceedings have been arranged - admitted (yes)
auxiliary request 1b - claims 1 and 6 - inventive step (yes) - Catchword
- -
- Cited cases
- -
- 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 opposition division with the order to maintain the patent as amended in the following version:
Description: columns 1 to 27 as filed in the oral proceedings before the Board,
Claims: No. 1 to 7 of the auxiliary request 1b filed with letter dated 15 May 2020,
Drawings: Figures 1 to 6 of the patent specification.