T 1008/03 of 29.09.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T100803.20050929
- Date of decision
- 29 September 2005
- Case number
- T 1008/03
- Petition for review of
- -
- Application number
- 98200711.4
- IPC class
- A01J 5/017
- 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
- Device and method for automatically milking animals
- Applicant name
- PROLION B.V.
- Opponent name
- Maasland N.V.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973
- Keywords
- Added subject-matter - main request, first and second auxiliary request (yes), fourth auxiliary request (no)
Clarity, sufficiency of disclosure - fourth auxiliary request (yes)
Novelty and inventive step - fourth 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 in the following version:
Description: columns 1 and 2 as filed during oral proceedings,
columns 3 and 4 of the patent specification.
Claims: 1 to 3 filed as fourth auxiliary request during oral proceedings.
Drawings: Figure of the patent specification.