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)
- Download
- Decision in English
- 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.