T 1033/10 () of 21.3.2013

European Case Law Identifier: ECLI:EP:BA:2013:T103310.20130321
Date of decision: 21 March 2013
Case number: T 1033/10
Application number: 01915675.1
IPC class: F01N 3/28
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 391 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Holding and sealing mat material
Applicant name: IBIDEN CO., LTD.
Opponent name: 3M Innovative Properties Company
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention Art 84
European Patent Convention Art 123(2)
Rules of procedure of the Boards of Appeal Art 13(1)
Keywords: Main request and first, third and fifth auxiliary requests - clarity (no)
Final set of requests not admitted - state of the proceedings and procedural economy
Catchwords:

The state of the proceedings and the need for procedural economy taken together imply a requirement on a party to present appropriate requests as soon as possible if such requests are to be admitted and considered. (point 5.5)

If an objection (made by a party and/or by the Board) is not fully understood in a particular case, it is then, at the very least, incumbent on the party having difficulties with understanding an objection to indicate this at the earliest possible stage and make appropriate effort to have the objection clarified. A lack of understanding alone cannot justify postponing amendments to a party's case until a later stage in the proceedings.(point 5.9)

Cited decisions:
-
Citing decisions:
T 0375/11
T 1245/11
T 2219/12
T 0360/13
T 0413/13
T 2188/13
T 2198/15
T 1753/16
T 2072/16
T 1707/17

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