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Date of decision
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22 April 97
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Case number
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T 0327/92
- 3.3.4
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Application number
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84106652.5
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Title of the application
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Oriented film laminates of polyamides and ethylene vinyl alcohol
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Applicant name
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ALLIEDSIGNAL INC.
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Opponent name
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Wolff Walsrode AG
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Keywords
Jurisdiction of Board of Appeal to consider opposition grounds
on appeal where patent revoked by first instance
Novelty - main request (no) - auxiliary request (yes)
Inventive step auxiliary request (yes)
Substantial procedural violation (no)
Refund of appeal fee (no)
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Catchwords:
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Where a patent has been revoked by the Opposition Division, then
on appeal the Board of Appeal is entitled to consider all
material in the opposition on all grounds originally alleged,
even where the opponent no longer opposes the grant of a patent
and the conclusion of the Board on a particular ground differs
from that of Opposition Division (Reasons section 1).
An intermediate product which exists only for some sixty seconds
before being further processed, can destroy novelty of a claim
where the intermediate product meets all the technical
characteristics required by the claim (Reasons section 2.2).
Reliance by the Opposition Division at oral proceedings on a
document originally cited in the opposition against a dependent
claim only, as closest prior art against an amended main claim,
does not amount to a substantial procedural violation where
patentee had the opportunity at oral proceedings to comment
(Reasons section 5).
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