T 1544/08 () of 16.11.2012

European Case Law Identifier: ECLI:EP:BA:2012:T154408.20121116
Date of decision: 16 November 2012
Case number: T 1544/08
Application number: 00927183.4
IPC class: H05B 3/86
H05B 3/84
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 201 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Automotive glazing panel having an electrically heatable solar control coating layer
Applicant name: AGC Flat Glass Europe SA
Opponent name: Saint-Gobain Glass France
Board: 3.5.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 54(2)
European Patent Convention Art 56
European Patent Convention Art 100(b)
European Patent Convention Art 123(2)
European Patent Convention R 106
Rules of procedure of the Boards of Appeal Art 12(2)
Rules of procedure of the Boards of Appeal Art 13(1)
Rules of procedure of the Boards of Appeal Art 13(3)
Keywords: Admissibility of late-filed documents - no
Sufficiency of disclosure - yes
Added subject-matter (main request) - no, after amendment
Novelty (main request) - yes
Inventive step (main request) - yes
Rule 106 EPC objections - one addressed, one dismissed
Catchwords:

1. In some circumstances it can be appropriate to respond to an objection raised under Rule 106 EPC during oral proceedings before a board of appeal by (re-)opening the discussion of the issue in question (see point 10.2 of the reasons).

2. The wish to avoid giving commercially valuable information to competitors is not necessarily a valid reason for not complying with the requirement of Article 12(2) RPBA (see point 2.2 of the reasons).

3. If drawings are originally filed in colour at the date of filing of an application, then the technical content of these original colour drawings should be determined taking into account the available evidence when establishing the content of the application as filed for the purpose of examining compliance of amendments with Article 123(2) EPC (see points 4.4 and 4.5 of the reasons).

Cited decisions:
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Citing decisions:
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12 references found.

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EPC Articles

EPC Implementing Rules

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law Book: V Priority