T 1591/10 of 07.08.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T159110.20130807
- Date of decision
- 7 August 2013
- Case number
- T 1591/10
- Petition for review of
- -
- Application number
- 01902556.8
- IPC class
- F24C 15/20A61L 9/20
- 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
- Air treatment apparatus
- Applicant name
- OY Halton Group, Ltd.
- Opponent name
- Jimco A/S
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Main request and auxiliary requests 1 to 3: inventive step (no) - alleged improvement not shown, reformulation of problem, alternative obvious" "Auxiliary request 4: added subject-matter (no); sufficiency of disclosure (yes) - specification of patent in suit together with common general knowledge provides adequate directions to enable the skilled person to construct units over the whole scope of the claim; inventive step (yes) - improvement plausible, means for achieving it not suggested by prior art
- Catchword
- -
- 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 on the basis of auxiliary request 4 (claims 1 and 2) as filed with letter dated 31 January 2011 and a description yet to be adapted.