T 1088/05 of 13.01.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T108805.20060113
- Date of decision
- 13 January 2006
- Case number
- T 1088/05
- Online on
- 25 January 2006
- Petition for review of
- -
- Application number
- 97303082.8
- IPC class
- G02B 26/02
- 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
- Improved optical modulator/switch
- Applicant name
- LUCENT TECHNOLOGIES INC.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- 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 grant a patent on the basis of the following application documents:
- claims 1 to 10 filed with the letter dated 22 December 2005;
- description pages 3, 7, 8, 12 and 16 to 23 as originally filed, description pages 4 to 6, 9 to 11 and 13 to 15 filed with the letter dated 11 March 2003, and description pages 1 and 2 as annexed to the official communication of the Board dated 28 October 2005, and
- drawing sheets 1/12 to 12/12 as originally filed.