T 0653/03 of 08.04.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T065303.20050408
- Date of decision
- 8 April 2005
- Case number
- T 0653/03
- Petition for review of
- -
- Application number
- 96112309.8
- IPC class
- F01N 3/02
- 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
- A method for purifying exhaust gas of a diesel engine
- Applicant name
- Toyota Jidosha Kabushiki Kaisha
- Opponent name
- Johnson Matthey PLC
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Amendments - generalisation (main request: not allowed)
Novelty - inevitable outcome (auxiliary requests 1 and 2: not allowed)
Inventive step - aggregation (auxiliary requests 3 and 4: not allowed)
Inventive step (auxiliary request 5: allowed) - Catchword
- -
- Citing cases
- T 2197/16
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 with claims 1-8 according to the fifth auxiliary request as filed with letter of 8 March 2005, the drawings as granted and the description to be adapted.