T 0667/08 of 20.04.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T066708.20120420
- Date of decision
- 20 April 2012
- Case number
- T 0667/08
- Petition for review of
- -
- Application number
- 05012854.5
- 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
- Space-filling miniature antennas
- Applicant name
- Fractus, S.A.
- Opponent name
- -
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 27(1)(e) 1973
- Keywords
- Added subject-matter
- Catchword
- It is essential, when deciding on issues of added subject-matter, to identify the actual teaching conveyed by the original disclosure, i.e. the technical information that the skilled person reading the original disclosure would have derived from its content (description, claims and drawings) considered in its entirety. This approach might lead to the identification of subject-matter which has not been explicitly revealed as such in the application as filed, but nevertheless derives directly and unambiguously from its content. Literal support is not required by the wording of Article 123(2) EPC (cf. Reasons, point 4.1.4).
- Cited cases
- T 0990/07
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance department with the order to grant a patent with the following documents:
- claims 1-24 as filed during the oral proceedings before the Board;
- description pages 1-3, 3a, 4-18 as filed during the oral proceedings before the Board;
- drawing sheets 1 to 25 of the application as filed.