Invalidity appeal · Board of Appeal · 2023-04-03

R1398/2017-3

Contested design: 002217588-0002

CDRAppellant: applicant

Outcome

Appeal dismissed

The appeal is dismissed and the invalidity applicant must bear the costs incurred by the holder.

Show verbatim operative text(es)

1. Desestimar el recurso. 2. Ordenar que la solicitante de nulidad corra con los gastos incurridos por la titular.

CostsApplicant ordered to pay costs

Applicant · invalidity challenger

L. OLIVA TORRAS, S.A.via PDF extraction

Spain (ES)

Camí de Rajadell, s/n, 08241 Manresa, España

Represented by

Holder · RCD owner

MECÁNICA DEL FRIOvia PDF extraction

Spain (ES)

Emilio Alcalá Galiano, s/n nave 5 Bis, 08940 Cornellá De Llobregat, España

Represented by

PublicationImagen B

vehicle coupling / compressor support bracket shown on the cover of an assembly manual

pieza KC11120253 · manual de montaje de diciembre de 2011 · disclosed 2011-12-01

Article 25(1)(b)Article 5Article 6Article 63(2)Article 70(1)

›The invalidity applicant said the contested registered design was practically identical to its earlier compressor-support part and that the Board should compare the RCD with the real-product photo rather than the manual rendering.
›The holder replied that only the manual image had been validly disclosed before filing and that it differed from the contested design because of the manufacturing method and visible structural details.
›The Board treated the manual image B as the only validly disclosed prior design, found no identity for novelty purposes, and held that the visible differences also gave the contested design individual character.
›The appeal was dismissed and costs were imposed on the invalidity applicant.

Language	Type	Source link
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