T 0003/12 of 23.06.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T000312.20170623
- Date of decision
- 23 June 2017
- Case number
- T 0003/12
- Online on
- 3 August 2017
- Petition for review of
- -
- Application number
- 00963251.4
- IPC class
- H01F 41/04H01F 27/28H01F 6/00
- 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
- Rotor assembly with superconducting magnetic coil
- Applicant name
- American Superconductor Corporation
- Opponent name
- Zenergy Power GmbH
GE Energy Power Conversion UK Limited - Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 56
- Keywords
- Amendments - broadening of claim (yes) : main request claim 1
Amendments - intermediate generalisation : main request claim 16
Inventive step - (yes): auxiliary request I - 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 in amended form on the basis of:
- the set of claims 1 to 24 filed as Auxiliary Request I during the oral proceedings of 23 June 2017,
- pages 2 and 5 of the description, filed during the oral proceedings of 23 June 2017,
- pages 3 and 4 of the description of the patent specification,
- figures 1 to 9 of the patent specification.
3. The appeal of Opponent 2 is dismissed.