T 0723/04 of 02.05.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T072304.20060502
- Date of decision
- 2 May 2006
- Case number
- T 0723/04
- Petition for review of
- -
- Application number
- 99125939.1
- IPC class
- G03G 15/08
- 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
- Developing roller
- Applicant name
- NITTO KOGYO CO., LTD.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention R 29(6) 1973
- Keywords
- Clarity (yes - after amendment) - reference in claim to description and drawing
Sufficiency of disclosure (yes)
Novelty (yes) - product-by-process feature resulting in distinguishing structural feature - Catchword
- -
- Cited cases
- T 0519/91
- 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:
- claim 1 filed by letter dated 3 April 2006 and claims 2 to 8 as annexed to the official communication of the Board dated 19 December 2005;
- description pages 1 to 3, 6, 7, 9 and 18 to 22 as originally filed, and pages 4, 5, 8 and 10 to 17 as annexed to the official communication of the Board dated 19 December 2005; and
- drawing sheet 1/1 as originally filed.