T 0970/00 of 15.09.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T097000.20040915
- Date of decision
- 15 September 2004
- Case number
- T 0970/00
- Petition for review of
- -
- Application number
- 96109616.1
- IPC class
- G02F 1/335
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Acousto-optic deflector device
- Applicant name
- MURATA MANUFACTURING CO., LTD.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes) - ex-post facto assessment of the disclosure of the closest prior art
- Catchword
- Any attempt to interpret the disclosure of the closest prior art so as to distort or misrepresent, based on hindsight knowledge of the invention, the proper technical teaching of the disclosure in such a way that it artificially meets specific features recited in the claim under consideration must fail, especially as this would risk unfairly and tendentiously concealing the technical contribution of the invention and prejudice the subsequent objective determination of the technical problem solved by the claimed invention (point 4.1.2 of the Reasons).
- Cited cases
- T 0967/97
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to grant a patent on the basis of the following application documents:
- claims 1 to 8 filed with the letter dated 1 April 2004,
- description pages 1 to 3, 3a and 4 to 13 filed with the letter dated 1 April 2004, and
- drawing sheets 1/3 to 3/3 as originally filed.