T 1903/13 () of 27.4.2017

European Case Law Identifier: ECLI:EP:BA:2017:T190313.20170427
Date of decision: 27 April 2017
Case number: T 1903/13
Application number: 01128644.0
IPC class: G01M 13/04
G01P 3/44
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 533 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Rolling bearing apparatus with sensor
Applicant name: NSK LTD
Opponent name: SKF BV
Board: 3.4.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 123(1)
Rules of procedure of the Boards of Appeal Art 12(4)
European Patent Convention 1973 Art 56
Keywords: Admissibility of diverging auxiliary requests (no)
Catchwords:

It is within the board's discretion not to admit auxiliary requests which define subject-matter "diverging" from subject-matter of higher ranking requests, including those requests which, in essence, were filed during first-instance proceedings and re-filed with the respondent's reply, but were not examined by the first-instance department. See point 3.3 of the Reasons.

Cited decisions:
T 0840/93
T 1685/07
Citing decisions:
T 0927/14
T 1280/14
T 1818/14
T 1566/15
T 2455/17

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