T 0248/06 of 24.01.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T024806.20110124
- Date of decision
- 24 January 2011
- Case number
- T 0248/06
- Petition for review of
- -
- Application number
- 98300349.2
- IPC class
- B01D 36/00
- 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
- Fuel filter with air vent
- Applicant name
- Delphi Technologies, Inc.
- Opponent name
- MAHLE Filtersysteme GmbH
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 123European Patent Convention Art 52European Patent Convention Art 54European Patent Convention R 101(1)
- Keywords
- Admissibility of the appeal (yes) - statement of grounds of appeal
Added subject-matter (understandable): no
Novelty (main request, auxiliary requests 1 to 3): yes
Main request, auxiliary requests 1 to 2: inventive step - no
Technical solution derivable from prior art documents
Inventive step (auxiliary request 3): yes - non obvious technical solution - Catchword
- -
- 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 in amended form on the basis of claims 1 to 4 of the third auxiliary request filed during the oral proceedings, a description and the figure to be adapted to the extent required.