T 0948/03 of 23.11.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T094803.20051123
- Date of decision
- 23 November 2005
- Case number
- T 0948/03
- Online on
- 3 February 2006
- Petition for review of
- -
- Application number
- 96300406.4
- IPC class
- B61D 17/02
- 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
- Railway vehicle
- Applicant name
- Hitachi, Ltd.
- Opponent name
- Deutsche Bahn AG
Patentes Talgo, S.A.
Bombardier Transportation Sweden AB
Siemens AG - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 114(2) 1973Rules of procedure of the Boards of Appeal Art 10aRules of procedure of the Boards of Appeal Art 10b
- Keywords
- Late submitted ground - admitted (no)
Amendment to party's case - admitted (no)
Disclosure - sufficiency (yes)
Novelty (yes)
Inventive step - (yes) after amendment - 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 maintain the patent on the basis of the following documents:
- claims 1 to 3 of auxiliary request 1 as filed on 24 February 2004;
- description as filed during oral proceedings;
- drawings as granted.