| European Case Law Identifier: | ECLI:EP:BA:1990:T008390.19900521 | ||||||||
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| Date of decision: | 21 May 1990 | ||||||||
| Case number: | T 0083/90 | ||||||||
| Application number: | 86903042.9 | ||||||||
| IPC class: | C09D 3/82 | ||||||||
| Language of proceedings: | EN | ||||||||
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| Title of application: | Acrylic primer for adhering an organopolysiloxane | ||||||||
| Applicant name: | General Electric Company | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Amended claims on appeal intended to meet objections to grant - remittal to Examining Division |
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Summary of Facts and Submissions
I. This is an appeal from a Decision of the Examining Division in which it was held that the claimed subject-matter lacked novelty and inventive step. Prior to issuing its Decision, the Examining Division had issued two communications under Article 96(2) EPC giving its grounds against the grant of the European patent, and inviting amendment of the application. In reply, the Appellant submitted observations and amendments, but these did not overcome the objections of the Examining Division.
II. In the grounds of appeal, the Appellant has not attempted to contest the Decision of the Examining Division refusing the application with text as previously proposed, but has filed a further amended Claim 1 which is clearly intended to meet the objections to grant which have previously been raised by the Examining Division, and has also filed arguments in support of the allowability of the presently proposed claims. In this circumstance, following the principles set out in Decision T 47/90 dated 20 February 1990, the case is remitted to the Examining Division under Article 111(1) EPC for further examination as to whether the proposed amendments are allowable under Article 123(2) EPC and if so, as to whether the amended text meets the requirements of the EPC.
(No Reasons for the Decision)
ORDER
For these reasons, it is decided that:
The case is remitted to the first instance for further prosecution.
