T 1313/04 of 03.05.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T131304.20060503
- Date of decision
- 3 May 2006
- Case number
- T 1313/04
- Petition for review of
- -
- Application number
- 01998503.5
- IPC class
- B68G 9/00
- 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
- Separated pocket spring mattress
- Applicant name
- Stjernfjädrar AB
- Opponent name
- -
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1) 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Main request - novelty (no)
1st auxiliary request - novelty (no)
Referral of question to the Enlarged Board of Appeal (no) - assessment of evidence
2nd auxiliary request - novelty (yes) - inventive step (yes) - Catchword
- -
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 the first instance with the order to grant a patent in the following version:
- claims 1 to 19 and amended description according to the second auxiliary request submitted at the oral proceedings;
- drawings as originally filed.