T 1169/07 of 09.12.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T116907.20081209
- Date of decision
- 9 December 2008
- Case number
- T 1169/07
- Online on
- 16 January 2009
- Petition for review of
- -
- Application number
- 00203607.7
- IPC class
- A01J 25/16
- 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
- A board for supporting foodstuffs and the process for realizing the same
- Applicant name
- AZ Gomma Ricambi S.R.L., et al
- Opponent name
- CASEIPLAST S.N.C. DI CHIODETTI GIULIANA & C.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 52European Patent Convention Art 56 1973
- Keywords
- Novelty - yes
Closest state of the art: prior use devices presented for physical inspection at the oral proceedings before the Board
Inventive step - no (main request), - yes (1st auxiliary request)
Product-by-process - 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 order to maintain the patent as amended in the following version:
Description: Columns 1 to 8 as filed during the oral proceedings of 29 March 2007
Claims: No.: 1, 2 according to the first auxiliary request filed during the oral proceedings of 9 December 2008
Figures: No.: 1 to 8 of the patent specification