T 1081/10 of 20.03.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T108110.20130320
- Date of decision
- 20 March 2013
- Case number
- T 1081/10
- Online on
- 16 July 2013
- Petition for review of
- -
- Application number
- 01914301.5
- 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
- A device for at least one milking stall and a parlour comprising a plurality of milking stalls
- Applicant name
- DeLaval Holding AB
- Opponent name
- GEA WestfaliaSurge GmbH
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84European Patent Convention Art 100(a)European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Clarity -main request - yes
Admissibility of late filed evidence - no
Novelty - main request - yes
Remittal to the first instance for further prosecution - no
Inventive step - main request - yes - 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 an amended form in the following version:
Description: page 2 as filed during the oral proceedings;
pages 3,4 filed with the statement of grounds;
pages 5,6 of the patent specification;
Claims: 1-24 filed as main request with the grounds of appeal;
Drawings: Figures 1-6 of the patent specification.