European Patent Office

T 1234/06 of 16.09.2008

European Case Law Identifier
ECLI:EP:BA:2008:T123406.20080916
Date of decision
16 September 2008
Case number
T 1234/06
Online on
11 November 2008
Petition for review of
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Application number
97118944.4
IPC class
G01D 5/16
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Magnetic encoder
Applicant name
Mitutoyo Corporation
Opponent name
TESA SA
Board
3.4.02
Headnote
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Keywords
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Catchword
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Cited cases
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Citing cases
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ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the first instance with the order to maintain the patent on the basis of the following documents:

- claims: 1 - 10, filed as fourth auxiliary request during the oral proceedings;

- description columns 1 - 16 with two inserts for col. 3 and 4 respectively, filed during the oral proceedings;

- drawings, figures 1 - 9, 12 - 23B as granted, figures 10 and 11 being deleted.