T 0908/07 of 16.05.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T090807.20080516
- Date of decision
- 16 May 2008
- Case number
- T 0908/07
- Petition for review of
- -
- Application number
- 98935396.6
- IPC class
- A01J 7/02
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Device for preparing cleaning liquid for a milking device, and a cleaning agent, for example for use in the device
- Applicant name
- PROLION B.V.
- Opponent name
- Octrooibureau Van der Lely N.V.
- Board
- 3.2.04
- Headnote
A late filed claim admitted in the exercise of the Board's discretion mainly because the Board and the opponent can be clearly expected to deal with the issues raised without adjournment of the oral proceedings, should not normally be remitted to the first instance for examination in regard of the grounds for opposition on which the first instance decision is based" (points 5.1.1 to 5.1.8 of the reasons).
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Late filed request
Remittal in the case of a late filed request
Novelty (main request: no)
Added subject-matter (first, fourth auxiliary request: yes)
Inventive step (2nd auxiliary request: no)
Remittal (3rd auxiliary request: yes) - Catchword
- -
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 for further prosecution.