T 1285/05 of 23.01.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T128505.20070123
- Date of decision
- 23 January 2007
- Case number
- T 1285/05
- Online on
- 5 February 2007
- Petition for review of
- -
- Application number
- 98306958.4
- IPC class
- G01N 21/35
- 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
- Measurement of spectrometer background profile
- Applicant name
- PERKIN-ELMER LIMITED
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973
- Keywords
- Novelty (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 in the following version:
- claims 1 and 2 filed with the letter dated 11.04.2005,
- description pages 1 and 5 to 9 as originally filed and pages 2 to 4 filed with the letter dated 11.04.2005, and
- drawing sheets 1/2 and 2/2 filed with the letter dated 30.11.1998.