T 1037/09 of 21.09.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T103709.20110921
- Date of decision
- 21 September 2011
- Case number
- T 1037/09
- Online on
- 16 November 2011
- Petition for review of
- -
- Application number
- 99107114.3
- IPC class
- F04B 27/18
- 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
- Variable displacement type swash plate compressor and displacement control valve
- Applicant name
- KABUSHIKI KAISHA TOYOTA JIDOSHOKKI
- Opponent name
- Sanden Corporation
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56
- Keywords
- Inventive step - no (main request) - yes (auxiliary request 2)
- 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 order to maintain the patent as amended in the following version:
Description: Columns 1,2,5-62,65 of the patent specification
Columns 3-4 as filed on 2 February 2009 during oral proceedings before the opposition division
Columns 63,64 as filed with letter of 2 March 2011.
Claims: 1-12 as filed with letter of 2 March 2011 as auxiliary request 3 now auxiliary request 2.
Drawings: Figures 1-24 of the patent specification.