T 2599/11 of 26.11.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T259911.20131126
- Date of decision
- 26 November 2013
- Case number
- T 2599/11
- Petition for review of
- -
- Application number
- 03762686.8
- IPC class
- F16K 7/12
- 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
- Diaphragm valve and open/close element for said valve
- Applicant name
- Alberto Lodolo
- Opponent name
- OOVAL Valves Ltd.
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 110European Patent Convention Art 123(2)European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Admissibility of the appeal - yes
Admittance of a request in appeal proceedings that was withdrawn in opposition proceedings; reinstating broader claims in appeal than the claims defended before the opposition division - yes (see reasons 2)
Inventive step - yes - Catchword
- -
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 the following documents:
- claims 1 - 30, filed as auxiliary request Ib with the letter of 18 June 2013, whereby the word "floor" in claim 1 is replaced by the word "flow" and the wording "diaphragm (5) having" is replaced by the wording "diaphragm (5) has";
- description, col. 1 to 10, filed with the letter of 18 June 2013, col. 11, filed during the oral proceedings;
- drawings, fig. 1 to 21, p. 20 to 36 of the patent as granted.