T 0298/02 of 07.06.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T029802.20050607
- Date of decision
- 7 June 2005
- Case number
- T 0298/02
- Online on
- 15 June 2005
- Petition for review of
- -
- Application number
- 93310338.4
- IPC class
- G01M 11/02
- 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
- A method of inspecting ophthalmic lenses
- Applicant name
- JOHNSON & JOHNSON VISION PRODUCTS, INC.
- Opponent name
- Novartis AG
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 123(2) 1973
- Keywords
- Novelty (main and first auxiliary requests: yes) - inspection system of the prior art not suitable for performing the inspection function of the claimed system
Inventive step (main request: no; first 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 case is remitted to the department of first instance with the order to maintain the patent in amended form on the basis of the following documents:
- claims: claims 1 to 14 according to auxiliary request I submitted during the oral proceedings of 29 April 2005,
- description: pages 2 to 18 of the patent as granted, and
- drawings: Figures 1 to 42 of the patent as granted.