European Patent Office

T 0603/04 of 25.09.2006

European Case Law Identifier
ECLI:EP:BA:2006:T060304.20060925
Date of decision
25 September 2006
Case number
T 0603/04
Petition for review of
-
Application number
96305828.4
IPC class
G01B 11/06
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
System for determining the thickness and index of refraction of a film
Applicant name
Agilent Technologies, Inc.
Opponent name
-
Board
3.4.02
Headnote
-
Keywords
Inventive step (yes)
Reimbursement of appeal fee (no: no substantial procedural violation) - refusal decision following re-opening and continuation of proceedings after interlocutory revision of a previous refusal decision tainted by a substantial procedural violation and reimbursement of the appeal fee; decision raising essentially the same substantive issues as the previous decision: ultra vires (no)
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 department of first instance with the order to grant a patent on the basis of the following application documents:

- claims 1 to 8 as filed with the letter dated 13 July 2006,

- description pages 6 and 7 as originally filed, pages 3A and 9 as filed with the letter dated 24 August 2001, and pages 1 to 3, 3B, 4, 5 and 8 as filed with the letter dated 5 July 2006, and

- drawing sheets 1/5 to 5/5 as originally filed.

3. The request for reimbursement of the appeal fee is refused.