T 0298/07 (Conveying freezer/LARSSON) of 07.06.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T029807.20110607
- Date of decision
- 7 June 2011
- Case number
- T 0298/07
- Petition for review of
- -
- Application number
- 00906808.1
- IPC class
- B01J 8/40
- 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
- Apparatus for air treatment and transportation of a material
- Applicant name
- Larsson, Ruben
- Opponent name
- John Bean Technologies AB
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admissibility of the appeal (yes)
Admissibility of late filed prior art document (yes)
Admissibility of late filed evidence for alleged prior use (no)
Admissibility of late filed request (yes)
Allowability of the amendments (yes)
Admissibility of clarity objection (no) - not arising from amendments
Novelty (main request): yes
Inventive step (main request): yes - non obvious alternative - 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 9 according to the main request filed during the oral proceedings and a description/drawings to be adapted as far as necessary and with the order to delete the last sentence of the description paragraph [0018] of the patent in suit.