T 0801/09 of 17.08.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T080109.20100817
- Date of decision
- 17 August 2010
- Case number
- T 0801/09
- Online on
- 8 October 2010
- Petition for review of
- -
- Application number
- 98309624.9
- IPC class
- F01D 5/28
- 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
- Columnar zirconium oxide abrasive coating for a gas turbine engine seal system
- Applicant name
- United Technologies Corporation
- Opponent name
- SIEMENS AKTIENGESELLSCHAFT
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113European Patent Convention Art 123(2)European Patent Convention Art 54(2)European Patent Convention Art 112(1)(a)
- Keywords
- Right to be heard - alleged procedural violation
Amendments - allowable
Novelty - yes
Request of a referral to the Enlarged Board of Appeal - refused - 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 Opposition Division with the order to maintain the patent on the basis of:
(a) claims 1-13 according to the main request filed during the oral proceedings;
(b) The amended description pages numbered 2 to 6 as filed during the oral proceedings;
(c) Figures 1-4 as granted.
3. The appellant's request for referral of a question to the Enlarged Board of Appeal is refused.