T 0035/85 vom 16.12.1986

ORDER

For these reasons, it is decided that:

1. The decision of the Opposition Division is set aside;

2. The case is remitted to the first instance with the order to maintain the patent in the amended form based on:

(a) Claim 1 as submitted at the oral proceedings,

(b) Claim 2 of auxiliary request (c), filed on 19 July 1985,

(c) description page 2 according to the conditional submission (c) filed on 19.07.85, amended as submitted in the oral proceedings and page 9 as submitted in the oral proceedings,

(d) description pages 4 and 6, amended, as submitted on 19 July 1985, and

(e) the rest of the pages as published in the patent, page 5 being deleted.