T 0106/04 (Berth/KVAERNER) of 16.05.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T010604.20060516
- Date of decision
- 16 May 2006
- Case number
- T 0106/04
- Petition for review of
- -
- Application number
- 96303696.7
- IPC class
- A47C 17/40
- 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
- Berth arrangement
- Applicant name
- KVAERNER MASA-YARDS OY
- Opponent name
- Compin
Aljo Aluminium-Bau Jonuscheit GmbH - Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Main request and second auxiliary request - inventive step (no)
First auxiliary request filed during oral proceedings inadmissible because raised issues could not be dealt with without adjournment of the oral proceedings
Third auxiliary request - inventive step (yes) - Catchword
- -
- Cited cases
- T 1105/98
- 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:
description: columns 1 to 6 as filed during the oral proceedings,
claims: 1 to 11 also filed during the oral proceedings as third auxiliary request and the
drawings: as in the patent specification.