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.
by Daniel X. Thomas
Brief outline of the procedure
Both opponents appealed the OD’s decision to maintain the patent in amended form according to a MR filed during OP.
Independent claim 1 as maintained is the same as granted claim 1.
Contrary to the OD, the BA came to the conclusion that claim1 as granted infringes Art 123(2).