T 0312/98 of 24.04.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T031298.20010424
- Date of decision
- 24 April 2001
- Case number
- T 0312/98
- Online on
- 29 June 2001
- Petition for review of
- -
- Application number
- 91101644.2
- IPC class
- D02J 13/00
- 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
- An apparatus for heat treating a synthetic yarn
- Applicant name
- TEIJIN SEIKI, CO. LTD.
- Opponent name
- MURATA MACHINERY, LTD.
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54(1) 1973European Patent Convention Art 56 1973European Patent Convention Art 100(a) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2) 1973
- Keywords
- Inventive step (main request) - no
Lack of disclosure in the application as filed (1st and 2nd auxiliary request) - yes
Novelty and inventive step (3rd auxiliary request) - yes - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The main request and the first and second auxiliary requests are dismissed.
3. The case is remitted to the first instance with the order to maintain the patent on the basis of the following documents of the third auxiliary request:
Claims: 1 to 4
Description: pages 2 to 8
Drawings: 4 sheets, Figures 1 to 6
all documents filed during the oral proceedings.