T 0130/03 of 19.08.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T013003.20050819
- Date of decision
- 19 August 2005
- Case number
- T 0130/03
- Online on
- 1 September 2005
- Petition for review of
- -
- Application number
- 98830177.6
- IPC class
- A47L 21/02
- 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
- Machine for drying, polishing and burnishing cutlery and metal tableware
- Applicant name
- HYPPOCAMPUS S.r.l.
- Opponent name
- -
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty - yes
Inventive step - 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 the first instance with the order to grant a patent in the following version:
- claim filed with the letter of 15 July 2005, wherein
- the word "where" in line 6 is unambiguously deleted,
- the words "on moving" in line 12 are amended to "move", and
- the spelling of the word "shute" in line 13 is corrected to "chute",
- description pages 1 and 4 of the application as originally filed,
- description page 2 filed with the letter of 15 July 2005,
- description page 2a filed with the letter of 15 July 2005, wherein
- the number in line 14 reads EP-A-0 400 516,
- the words "the like" in line 19 are changed to "metal tableware", and
- the word "an" in line 20 is changed to "a",
- description page 3 filed with the letter of 15 July 2005, wherein
- the wording "claim 1" in line 2 is changed to "the claim", and
- the spelling of "invention" in line 9 is corrected, and
- drawings sheets 1/2 and 2/2 as originally filed.