T 1100/06 of 04.12.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T110006.20071204
- Date of decision
- 4 December 2007
- Case number
- T 1100/06
- Petition for review of
- -
- Application number
- 99123751.2
- IPC class
- F01D 5/08
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Gas turbine plant
- Applicant name
- KABUSHIKI KAISHA TOSHIBA
- Opponent name
- -
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(2) 1973European Patent Convention Art 97(2) 1973
- Keywords
- Decision to grant in form of text approved by applicant (no)
Substantial procedural violation (yes)
Reimbursement of appeal fee (yes) - 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 Examining Division with the order to grant a patent on basis of:
(a) Claim 1 as filed with the letter dated 23 March 2005 and claims 2 to 16 as filed with the letter dated 15 May 2003;
(b) the description consisting of pages 1, 2, 3, 6, 8, 9, 12, 13, 14, 16, 17, 18, 19 and 20 as originally filed and pages 4, 5, 7, 10, 11, 15, and 21 as amended in accordance with the Communication under Rule 51(4) EPC dated 21 July 2003; and
(c) drawing sheets 1/12 to 10/12 and 12/12 as originally filed and sheet 11/12 (Fig. 20) as filed with the letter dated 23 March 2005.
3. The request for reimbursement of the appeal fee is allowed.