T 2619/11 of 25.02.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T261911.20130225
- Date of decision
- 25 February 2013
- Case number
- T 2619/11
- Petition for review of
- -
- Application number
- 02712622.6
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- PLASMA TORCH
- Applicant name
- Agilent Technologies Australia (M) Pty Ltd
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)
- Keywords
- Claims combination extends beyond the disclosure of the application as filed (no)
- Catchword
- Focus of the decision disproportionally directed to the structure of the claims as filed to the detriment of what is really disclosed to the skilled person by the documents as filed as directed to a technical audience rather than a philologist or logician, for which audience an attempt to derive information from the structure of dependent claims leads to artificial result
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 grant a patent in the following version:
Description: Pages 3 to 9 as published; Pages 1 and 2 as received by telefax on 24 February 2010;
Claims: Nos. 1 to 6 as submitted with the letter dated 07 September 2010.
Drawings: Sheets 1/4 to 4/4 as published