T 0661/07 of 21.04.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T066107.20090421
- Date of decision
- 21 April 2009
- Case number
- T 0661/07
- Online on
- 16 June 2009
- Petition for review of
- -
- Application number
- 98123386.9
- IPC class
- B30B 15/04
- 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
- A structure for presses, in particular for forming ceramic products
- Applicant name
- System S.p.A.
- Opponent name
- SACMI - Cooperativa Meccanici Imola Soc. Coop. A.R.L.
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 123Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Substantial procedural violation in first instance (no)
Amendments - allowable (yes)
Clarity (yes)
Inventive step (yes, after amendments) - Catchword
- -
- Cited cases
- -
- 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 on the basis of:
- claims 1 to 7 filed during the oral proceedings;
- description columns 3 and 4 filed during the oral proceedings and
- columns 1, 2 and 5 filed during the oral proceedings of 7th of February 2007;
- figures 1 to 5 of the patent as granted.