T 0169/08 of 25.06.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T016908.20100625
- Date of decision
- 25 June 2010
- Case number
- T 0169/08
- Online on
- 4 August 2010
- Petition for review of
- -
- Application number
- 97917652.6
- IPC class
- B65B 1/04
- 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
- Powder filling systems, apparatus and methods
- Applicant name
- Novartis AG
- Opponent name
- Advanced Inhalation Research Inc.
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 116(1)European Patent Convention Art 123(2)European Patent Convention R 115(2)Rules of procedure of the Boards of Appeal Art 15(3)
- Keywords
- Added subject-matter (main request): yes (point 2)
Added subject-matter (auxiliary request): no (point 4)
Oral proceedings in absence of both parties: yes (point 1)
Inventive step: reasoning of first instance decision applies also to claims amended in appeal proceedings (point 5) - 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 in the following version:
claims: 1 to 13 filed as auxiliary request with letter of 24 May 2010;
description: pages 2, 3, 5 and 7 to 12 of the patent as granted and pages 4 and 6 as filed during the oral proceedings on 10 October 2007; and
figures: 1 to 21 of the patent as granted.