T 1843/09 () of 6.6.2012 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:2012:T184309.20120606

Date of decision:

06 June 2012

Case number:

T 1843/09

Application number:

93306378.6

IPC class:

C08J 15/28
B32B 27/20
C08L 67/02

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 293Â KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	EN
Versions:	OJ \| Published

Title of application:

Biaxially oriented film

Applicant name:

TORAY INDUSTRIES, INC.

Opponent name:

Teijin Limited

Board:

3.3.09

Headnote:

The prohibition of reformatio in peius as far as it entails a procedural limitation of the proprietor's liberty to change by way of amendments the scope of protection sought prevails "in principle" (G 4/93) until the final settlement of the opposition case and, therefore, also in any proceedings, including further appeal proceedings, subsequent to a remittal under Article 111 EPC (point 2.3.1 of the reasons).
It is clear from G 1/99 that exceptions from the principle of the prohibition of reformatio in peius are a matter of equity in order to protect the non-appealing proprietor against procedural discrimination in circumstances where that prohibition would impair the legitimate defence of its patent. Therefore, exceptions from the prohibition of reformatio in peius are not limited to the situation specifically dealt with in G 1/99, where an error of judgment by the opposition division occurred concerning an amendment introduced into the version of the patent as maintained by the decision under appeal (point 2.4.4 of the reasons).

Relevant legal provisions:

European Patent Convention Art 56
European Patent Convention Art 107
European Patent Convention Art 111
European Patent Convention Art 125
European Patent Convention R 80

Keywords:

Exceptions from the prohibition of reformatio in peius
Inventive step (no)

Catchwords:

Cited decisions:

G 0009/92
G 0004/93
G 0001/99
G 0001/03
T 0724/03
T 0138/04

Citing decisions: