T 1133/02 of 06.07.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T113302.20040706
- Date of decision
- 6 July 2004
- Case number
- T 1133/02
- Online on
- 22 October 2004
- Petition for review of
- -
- Application number
- 94301508.1
- IPC class
- B41J 2/175
- 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
- Apparatus and method for heating ink in an ink-jet printhead
- Applicant name
- TEKTRONIX, INC.
- Opponent name
- Océ-Technologies B.V.
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- 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 first instance with the order to maintain the patent on the basis of the following documents:
(a) claims 1 to 23 presented as first auxiliary request during oral proceedings; and
(b) description: pages 2 and 3, presented during oral proceedings, and pages 4 to 8 as granted; and
(c) drawings, Figures 1 and 2, presented during oral proceedings, and Figures 3 to 8 as granted.