T 0301/10 of 02.08.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T030110.20100802
- Date of decision
- 2 August 2010
- Case number
- T 0301/10
- Petition for review of
- -
- Application number
- 05803704.5
- IPC class
- G01N 29/00
- 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
- Interactive ultrasound-based depth measurement for medical applications
- Applicant name
- Jetguide Ltd.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention Art 94(3)European Patent Convention Art 96(2) 1973European Patent Convention R 67 1973
- Keywords
- Inventive step (yes)
Refusal of application after a single communication - procedural violation (no) - Catchword
- -
- Citing cases
- T 1734/10
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 grant a patent on the basis of the following application documents:
- claims 1 to 5 filed with the letter dated 22 June 2010,
- description pages 1 to 11 filed with the letter dated 22 June 2010 and
- drawing sheets 1/7 to 3/7 and 5/7 to 7/7 of the application as published and drawing sheet 4/7 filed with the letter dated 18 September 2008.
3. The request for reimbursement of the appeal fee is refused.