T 1398/04 of 20.03.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T139804.20070320
- Date of decision
- 20 March 2007
- Case number
- T 1398/04
- Online on
- 9 May 2007
- Petition for review of
- -
- Application number
- 98913778.1
- IPC class
- F26B 3/30
- 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 and apparatus for extracting moisture and/or mold from a structure of a building
- Applicant name
- Pohjois-Suomen Kuivausteknikka OY
- Opponent name
- Cramo Oyj
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973European Patent Convention Art 56 1973
- Keywords
- Amendments - broadening of claim by inclusion of a functional feature (no)
Clarity of claims - functional features (yes)
Inventive step (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 department of first instance with the order to maintain the patent on the basis of the following documents:
- claims 1 to 25 filed as the first auxiliary request with the letter of 19 January 2007;
- description pages 3 to 5, filed as the description of the first auxiliary request of 19 January 2007 and page 2 filed during the oral proceedings;
- figures 1 to 5 as granted.