T 1553/19 of 28.10.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T155319.20221028
- Date of decision
- 28 October 2022
- Case number
- T 1553/19
- Petition for review of
- -
- Application number
- 09748027.1
- 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
- POLYMERIZABLE LIQUID COMPOSITION AND PROCESS FOR THE PRODUCTION OF ORGANIC GLASS STARTING FROM POLYMERIZABLE LIQUID COMPOSITIONS OF THE POLYURETHANE TYPE
- Applicant name
- Mitsui Chemicals, Inc.
- Opponent name
- Covestro Deutschland AG
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendment after summons - exceptional circumstances (no)
Novelty - (main request: no; first auxiliary request: yes)
Inventive step - (first auxiliary request: yes) - Catchword
- The normal rule of claim construction of reading a feature specified in a claim in its broadest technically meaningful sense corresponds to determining the broadest scope encompassed by the subject-matter being claimed according to a technically sensible reading. In the case of a feature defined in a positive manner, which imposes the presence of a specific element, this is effectively achieved by giving to the element in question its broadest technically sensible meaning. However, for a feature defined in a negative manner, which excludes the presence of a specific element, the broadest scope of the claim corresponds to the narrowest (i.e. most limited) technically sensible definition of the element to be excluded. (Reasons, point 5.7)
- 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 department of first instance with the order to maintain the patent in amended form on the basis of the claims of the first auxiliary request filed with letter of 18 December 2020 and after any necessary consequential amendments of the description.