T 0187/01 (Dead time/MAASLAND) of 26.11.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T018701.20031126
- Date of decision
- 26 November 2003
- Case number
- T 0187/01
- Petition for review of
- -
- Application number
- 92202935.0
- IPC class
- A01J 7/00
- 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 implement for milking animals automatically
- Applicant name
- MAASLAND N.V.
- Opponent name
- DeLaval International AB
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 114(2) 1973
- Keywords
- Added matter: main request and first auxiliary request (yes); second auxiliary request (no)
Sufficiency of disclosure (yes)
Inventive step: second auxiliary request (yes)
Late filed facts - Catchword
- -
- Cited 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 maintain the patent in the following version:
- claim 1 of the second auxiliary request as filed during the oral proceedings,
- description: columns 1 and 2 as filed during the oral proceedings, columns 3 to 6 as granted,
- figures 1 and 2 as granted.