T 0074/06 (Separation/DELAVAL) of 23.10.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T007406.20081023
- Date of decision
- 23 October 2008
- Case number
- T 0074/06
- Petition for review of
- -
- Application number
- 98964656.7
- IPC class
- A01J 5/007
- 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
- A method and an apparatus for separation of foremilk
- Applicant name
- DeLaval Holding AB
- Opponent name
- Octooibureau Van der Lely N.V.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 123European Patent Convention Art 54 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Admissibility of an auxiliary request filed by the proprietor after his response to the statement of grounds of appeal
Matter extending beyond the content of the application as filed (no)
Inventive step (auxiliary request IX): yes - Catchword
- -
- Cited cases
- T 0153/85
- 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 1-9: filed as Auxiliary Request IX during the oral proceedings.
Description : columns 1 and 3 as filed during the oral proceedings, columns 2, 4-9 of the patent specification.
Drawings 1-14: of the patent specification.