T 1542/10 (Optical amplifier/FUJITSU) of 06.11.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T154210.20131106
- Date of decision
- 6 November 2013
- Case number
- T 1542/10
- Petition for review of
- -
- Application number
- 03001355.1
- IPC class
- H04B 10/17
- 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
- Optical amplifier
- Applicant name
- Fujitsu Limited
- Opponent name
- Nokia Solutions and Networks Oy
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 112(1)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 52European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(1)(b)
- Keywords
- Written reply to grounds of appeal (yes)
Referral to the Enlarged Board of Appeal - (no)
Novelty - main request (no) - first auxiliary request (yes)
Amendments - first auxiliary request - allowable (yes)
Claims - clarity - first auxiliary request (yes)
Sufficiency of disclosure - first auxiliary request (yes)
Appeal decision - remittal to the department of first instance (yes) - Catchword
- -
- Cited cases
- T 0054/90
- 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 for further prosecution on the basis of claims 1 to 11 of the first auxiliary request filed with the letter dated 13 October 2009.
3. The appellant's request that two questions of law be referred to the Enlarged Board of Appeal is refused.
4. The appellant's request that the composition of the opposition division be changed is refused.