T 1979/08 of 24.09.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T197908.20100924
- Date of decision
- 24 September 2010
- Case number
- T 1979/08
- Online on
- 21 October 2010
- Petition for review of
- -
- Application number
- 02726331.8
- IPC class
- E04G 1/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Rolling platform
- Applicant name
- Xena Systems Limited
- Opponent name
- Cantideck
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(2)
- Keywords
- Document referred to for the first time in appeal proceedings during oral proceedings before the Board - not admitted (point 3 of reasons)
Article 84 - description not in agreement with claims (main request)
Removal of brackets in claim is not contrary to doctrine of reformatio in peius (point 5 of reasons)
Inventive step (yes) - definition of an objective problem starting from closest prior art - 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 and 2 filed with the letter of 20 July 2010;
- Description pages 2 and 3 as amended by the patent proprietor during the opposition procedure, with paragraph 18 being deleted;
- Figures 1 to 11a, as granted.