T 1059/02 of 04.10.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T105902.20041004
- Date of decision
- 4 October 2004
- Case number
- T 1059/02
- Online on
- 20 December 2004
- Petition for review of
- -
- Application number
- 97105449.9
- IPC class
- H01L 29/737
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method of fabricating very high gain heterojunction bipolar transistors
- Applicant name
- Northrop Grumman Corporation
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty (yes)
Inventive step (yes): no clear disclosure in the prior art - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to grant a patent with the following documents:
Claims: No. 1 to 9, filed during the oral proceedings
Description: pages 3, 3a and 7, filed during the oral proceedings
page 5, filed with the letter dated 4 September 2001
pages 1, 2, 4 and 6, as originally filed
Drawings: figures 1 to 11, as originally filed.