T 1309/05 of 10.01.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T130905.20060110
- Date of decision
- 10 January 2006
- Case number
- T 1309/05
- Petition for review of
- -
- Application number
- 99309126.3
- IPC class
- G01N 30/72
- 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
- Mass spectrometer method and apparatus for analyzing a sample in a solution
- Applicant name
- Amirav, Aviv
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention R 68(2) 1973
- Keywords
- Decision "on the file as it stands
- Catchword
- A decision referred to in Rule 68(2) EPC should in principle be complete and self-contained (point 3.5 of the Reasons).
By requesting a decision "on the file as it stands" an applicant does not waive its rights as defined in Article 113(1) EPC (point 3.7 of the Reasons).
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 for further prosecution.
3. The appeal fee shall be reimbursed.