by Daniel X. Thomas
Both decisions are interesting as they relate the principle of the prohibition of the reformation in peius to questions of admissibility of the opposition.
In both decisions the opponent was the sole appellant.
The first decision, T 803/17, deals with the case of the opposition being rejected.
The second decision,
by Daniel X. Thomas
Brief outline of the case
The ESR mentioned inter alia E1=Nexans: “Nexans holt Gigabit-Ethernet an den Arbeitsplatz”, 10. March 2008, XP002595111 | and E5=DAFÜR Gesellschaft für IT Systemtechnik: “ISABEL 1000TP – Einbau Switch für Kabelkanal oder Unterflur”, 6. Mai 2008, XP002595110 as highly relevant.
The OD revoked the patent. For the OD the opposition was admissible and claim 1 as granted (MR) lacked N.