T 0909/03 of 01.02.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T090903.20050201
- Date of decision
- 1 February 2005
- Case number
- T 0909/03
- Petition for review of
- -
- Application number
- 94202841.6
- IPC class
- B29D 30/30
- 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
- Method for adjusting a side of a strip of flexible material to a reference side and apparatus for feeding a belt strip on a rotating building drum
- Applicant name
- VMI EPE HOLLAND B.V.
- Opponent name
- Thyssen Krupp AG
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention R 57a 1973
- Keywords
- Substantial procedural violation (no)
Sufficiency of disclosure (yes)
Allowability of amendments (first and second auxiliary requests, yes)
Novelty (main request and first auxiliary request, no; second auxiliary request, yes)
Inventive step (second auxiliary request, yes) - Catchword
- -
- 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:
claims: claims 1 to 19 filed as second auxiliary request on 29 December 2004;
description: pages 2, 4, 7 to 10 and page 11, column 19, lines 1 to 9 as granted, and pages 3, 5 and 6 as submitted in the oral proceedings, and
drawings: Figures 1 to 15 as granted.