T 1321/04 (Meaning of terms used in patent documents) of 28.02.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T132104.20050228
- Date of decision
- 28 February 2005
- Case number
- T 1321/04
- Petition for review of
- -
- Application number
- 97304349.0
- IPC class
- F02D 41/14
- 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
- Method for controlling engine exhaust gas system
- Applicant name
- NGK INSULATORS, LTD.
- Opponent name
- -
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973
- Keywords
- Normal and special meaning of terms used in patent documents
Novelty (yes) - Catchword
- Terms used in patent documents should be given their normal meaning in the relevant art, unless the description gives the terms a special meaning. The patent document may be its own dictionary (T 523/00, T 311/93, neither published in the OJ EPO).
Thus, if a special meaning can be derived from the patent document, only this meaning is ultimately decisive.
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 for further prosecution.