T 0314/03 of 24.05.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T031403.20050524
- Date of decision
- 24 May 2005
- Case number
- T 0314/03
- Petition for review of
- -
- Application number
- 95202054.3
- IPC class
- A01J 7/00
- 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 milking plant
- Applicant name
- MAASLAND N.V.
- Opponent name
- DeLaval International AB
Prolion B.V. - Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 69(1) 1973European Patent Convention R 71(2) 1973
- Keywords
- Amendment from plural to singular in granted claim 1
Extension of the protection conferred (no)
Remittal to the first instance for consideration of the formal ground of added subject-matter and of the substantive ground of inventive step, both raised by the opponents but left undecided
Procedural expediency - Catchword
- -
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 for further prosecution.