T 1138/02 of 30.06.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T113802.20040630
- Date of decision
- 30 June 2004
- Case number
- T 1138/02
- Petition for review of
- -
- Application number
- 95935612.2
- IPC class
- A01J 7/04A01J 5/017
- 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
- Applicant name
- MAASLAND N.V.
- Opponent name
- Prolion B.V.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 112 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention R 57a 1973
- Keywords
- Referral to the Enlarged Board of Appeal (no) - immaterial to the Board's decision
Admissibility of the main request (no)
First auxiliary request - novelty (yes) - inventive step (yes) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The request for referral to the Enlarged Board of Appeal is rejected
2. The decision under appeal is set aside and the case is remitted to the first instance with the order to maintain the patent on the basis of the following documents:
Claims: claims 1 to 29 of the first auxiliary request filed during oral proceedings,
Description: columns 1 to 6 filed during oral proceedings,
columns 7, 8 and 9 as granted,
Drawings: Figures 1 to 11 as granted