T 0371/88 (Transmission apparatus) of 29.5.1990

European Case Law Identifier: ECLI:EP:BA:1990:T037188.19900529
Date of decision: 29 May 1990
Case number: T 0371/88
Application number: 80304241.5
IPC class: F16H 1/38
B60K 17/34
B60K 5/04
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 740 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Fuji
Opponent name: Steyr-Daimler-Puch
Board: 3.2.01
Headnote: The amendment of a granted claim to replace a restrictive term, which in its strict literal meaning does not clearly embrace a further embodiment of the description, by a less restrictive term clearly embracing also this embodiment, is permissible under Article 123(3) EPC, if the examination of the extent of protection conferred by the granted claim results in the following conclusions:
(a) The restrictive term in the granted claim is not so clear in its technical meaning in the given context that it could be used to determine the extent of protection without interpretation by reference to the description and the drawings of the patent;
(b) It is quite clear from the description and the drawings of the patent and also from the examination procedure up to grant that the further embodiment belongs to the invention and that it was never intended to exclude it from protection conferred by the
Relevant legal provisions:
European Patent Convention 1973 Art 123(3)
European Patent Convention 1973 Art 69
European Patent Convention 1973 Art 56
Keywords: Extension of the protection by broadening a restrictive term in a claim during opposition proceedings
Inventive step (yes)
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0673/89
T 0738/95
T 0259/96
T 1011/96
T 0438/98
T 0494/98
T 0140/99
T 0301/00
T 0750/02
T 0749/03
T 0139/05
T 1433/05
T 0837/07
T 0824/08
T 1172/08
T 1147/11
T 1578/13
T 1127/16
T 1946/16

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880371ex1.html

Date retrieved: 17 May 2021

16 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

Offical Journal of the EPO

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

General Case Law