European Patent Office

T 1391/07 of 07.11.2008

European Case Law Identifier
ECLI:EP:BA:2008:T139107.20081107
Date of decision
7 November 2008
Case number
T 1391/07
Petition for review of
-
Application number
03000571.4
IPC class
G01F 1/684
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Thermal-type air flow measuring instrument
Applicant name
Hitachi, Ltd., et al
Opponent name
-
Board
3.4.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 76(1) 1973European Patent Convention R 67 1973Guidelines_C-IV, 6(4)Guidelines_C-VI, 9.1(6)
Keywords
Divisional application - "double-patenting" (no)
Reimbursement of appeal fee (no)
Catchword
"see points 2.5, 2.6 and 4"

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 grant a patent in the following version:

- description pages 1 and 3 to 23 as originally filed and pages 2 and 2a as filed with the letter dated 05.04.2004,

- claim 1 as filed with the letter dated 19.07.2007 and

- drawing sheets 1/8 to 8/8 as originally filed.

3. The request for reimbursement of the appeal fee is refused.