T 0647/02 of 16.03.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T064702.20050316
- Date of decision
- 16 March 2005
- Case number
- T 0647/02
- Petition for review of
- -
- Application number
- 97300921.0
- IPC class
- H01M 4/86
- 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
- Catalytically active gas diffusion electrodes comprising a nonwoven fibrous structure
- Applicant name
- JOHNSON MATTHEY PUBLIC LIMITED COMPANY
- Opponent name
- OMG AG & Co. KG
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes) - ex-post-facto analysis
- Catchword
- -
- Cited cases
- T 0229/85
- 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 first instance with the order to maintain the patent as amended in the following version:
- claims 1 to 21 filed with the letter dated 26. January 2005,
- description of the patent specification with the passage which extends between the word "comprising" in column 3, line 36 and the word "diffusion" in column 4, line 13 being replaced by the text on pages 6 and 6A filed with the letter dated 26 January 2005, and the passage which extends between the word "is" in column 5, line 22 and the word "membrane" in column 7, line 1 being replaced by the text on pages 9 to 11 filed with the letter dated 26 January 2005, and
- drawing sheets as in the patent specification.