T 1704/10 of 22.10.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T170410.20131022
- Date of decision
- 22 October 2013
- Case number
- T 1704/10
- Online on
- 29 November 2013
- Petition for review of
- -
- Application number
- 01907469.9
- IPC class
- B24B 5/42B24B 49/10B24B 49/04
- 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
- Apparatus and method to measure the dimensional and form deviation of crankpins at the place of grinding
- Applicant name
- MARPOSS SOCIETA PER AZIONI
- Opponent name
- JENOPTIK Industrial Metrology Germany GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention R 80
- Keywords
- Amendments - occasioned by ground of opposition (yes)
Amendments - added subject-matter (no)
Amendments - broadening of claim (no)
Novelty (yes)
Inventive step (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 as amended in the following version:
- description: page 2 and pages 4 to 9 of the patent specification and
page 3 as filed with letter of 1 August 2013 to the then first auxiliary request,
- claims: 1 to 16 according to the main request filed as new second auxiliary request at the oral proceedings held on 22 October 2013,
- drawings: figures 1 to 7 of the patent specification.