T 0767/07 of 17.12.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T076707.20081217
- Date of decision
- 17 December 2008
- Case number
- T 0767/07
- Online on
- 20 February 2009
- Petition for review of
- -
- Application number
- 94202656.8
- IPC class
- B26D 3/28
- 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
- Three dimensional surface shaping of synthetic foam pads by continuous rotary process
- Applicant name
- FOAMEX L.P.
- Opponent name
- Fecken-Kirfel GmbH & Co. Maschinenfabrik
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes)
- 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 the following:
- description: columns 1 to 10, filed during the oral proceedings;
- claim 1 filed as second auxiliary request during the oral proceedings;
- claim 2 and 3 as granted;
- figures 1 to 10 of the patent as granted.