T 0385/09 of 25.11.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T038509.20101125
- Date of decision
- 25 November 2010
- Case number
- T 0385/09
- Petition for review of
- -
- Application number
- 00946559.2
- IPC class
- A01K 13/00
- 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
- A method of cooling animals
- Applicant name
- Lely Enterprises AG
- Opponent name
- DeLaval International AB
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 111(1)European Patent Convention Art 53(a)European Patent Convention Art 53(c)
- Keywords
- Invention excluded from patentability (no): sufficiency of disclosure (yes)
Remittal (yes) - Catchword
- A method of cooling animals such as cows in which a liquid reduced to a fine spray is applied to the animals and air is blown over the wetted animals is not necessarily a therapeutic method.
- Citing cases
- T 1916/19
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 for further prosecution.