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EPO boards of appeal decision

Date of decision: 28 September 2007

Case number: T 0687/05 - 3.2.06

Application number: 99113776.1

IPC class: B66B11/00

Proceedings language: EN

Title of the application
Traction sheave elevator
Applicant name
Kone Corporation
Opponent name
INVENTIO AG
ORONA E.I.C. S. Coop.
Otis Elevator Company
Headnote
The findings of the Enlarged Board of Appeal in G 0001/05 and G 0001/06, although made in regard to patent applications, are also valid for granted patents. Thus, in order to meet the requirements of Article 100(c) EPC, it is a necessary and sufficient condition that anything disclosed in the granted patent must be directly and unambiguously derivable from not only the application on which the patent has been granted but also from what is disclosed in each of the preceding applications as filed (see item 3.1 of the Reasons).
Articles and rules
EPC Art 100(c)
EPC Art 76(1)
EPC Art 111
EPC Art 113(1)
EPC Art 113(2)
EPC R 67
Keywords
Basis of decision under Article 100(c) EPC leading from G 0001/05 and G 0001/06
Procedural violation (no)
Remittal to first instance
Cited decisions
G 0001/05
G 0001/06
T 1158/01
Catchwords
-

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