T 0606/06 of 23.04.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T060606.20080423
- Date of decision
- 23 April 2008
- Case number
- T 0606/06
- Petition for review of
- -
- Application number
- 99938911.7
- IPC class
- F23J 17/00F23G 5/32
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Heating and incineration device
- Applicant name
- Ludwig, Mark
- Opponent name
- -
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 78 1973European Patent Convention Art 85 1973European Patent Convention R 33(2) 1973European Patent Convention R 33(5) 1973European Patent Convention R 34 1973European Patent Convention R 47 1973
- Keywords
- Abstract part of contest of application as filed (no)
Reimbursement of appeal fee (no) - Catchword
- The abstract as originally filed does not form part of the content of the application as filed for the purposes of Article 123(2) EPC 2000 (T 0246/86). The word "merely" in Article 85 EPC 1973 is to be understood as meaning "only" and the word "shall" in Rule 33(2) EPC 1973 is to be understood in the sense of "should" or "ought to". In the case of any discrepancy between the abstract as originally filed and the description, claims and drawings as originally filed, it is the latter which prevails.
- Citing cases
- T 0287/06
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division for further prosecution.
3. The request for costs, to include at least reimbursement of the appeal fee, is refused.