T 0291/04 of 28.02.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T029104.20050228
- Date of decision
- 28 February 2005
- Case number
- T 0291/04
- Online on
- 17 March 2005
- Petition for review of
- -
- Application number
- 96307427.3
- IPC class
- A61B 10/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Instrument for measuring saliva viscoelasticity to determine female fertile period
- Applicant name
- Kosasky, Harold J.
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973European Patent Convention Art 56 1973
- Keywords
- Extended subject-matter (no, after amendments)
Clarity, inventive step (yes) - 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 first instance with the order to grant a patent on the basis of the following version:
Claims:
1 to 7 filed with letter of 2 February 2005,
Description:
pages 1, 2, 8 to 22, 24 to 26 as originally filed,
pages 3, 6 filed with letter of 12 March 2002,
pages 4, 5 filed with letter of 2 February 2005,
pages 7, 23 filed with letter of 15 November 2004,
Drawings:
Figures 1 to 28 as originally filed.