T 1381/04 of 05.06.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T138104.20080605
- Date of decision
- 5 June 2008
- Case number
- T 1381/04
- Online on
- 25 June 2008
- Petition for review of
- -
- Application number
- 97306745.7
- IPC class
- G02B 13/14
- 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
- Optical system employing terahertz radiation
- Applicant name
- Lucent Technologies Inc.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84 1973European Patent Convention Art 56 1973
- Keywords
- Clarity - main, first auxiliary request (no)
Clarity, inventive step - second auxiliary request (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 based on the following documents:
Description,
pages 1-14 as filed, wherein, in line 12 on page 9, "frequency dependent" is changed to "frequency independent" according to the Appellant's request filed with the letter of 18 November 2004,
Claims 1-10 filed as Second Auxiliary Request (Set C), with the letter dated 22.04.2008,
Drawings Sheets 1/5 to 5/5 as originally filed.