T 0556/13 of 14.10.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T055613.20161014
- Date of decision
- 14 October 2016
- Case number
- T 0556/13
- Petition for review of
- -
- Application number
- 98906460.5
- IPC class
- G01F 1/84
- 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
- CORIOLIS FLOWMETER HAVING AXIALLY COMPLIANT CASE ENDS
- Applicant name
- MICRO MOTION INCORPORATED
- Opponent name
- ENDRESS + Hauser
(Deutschland) AG+Co.KG - Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54(1) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention R 116European Patent Convention R 139Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Main request - novelty (no)
Auxiliary request 1 - request identical to request not admitted in first-instance proceedings - exceptionally admitted
Auxiliary request 1 - amendments - added subject-matter (yes)
Auxiliary request 2 - amendments - extension of protection (no)
Auxiliary request 2 - correction of error - immediately evident that nothing else could have been intended (yes)
Auxiliary request 2 - amendments - added subject-matter (yes)
Auxiliary request 3 - sufficiency of disclosure (yes)
Auxiliary request 3 - novelty (yes)
Auxiliary request 3 - inventive step (yes) - Catchword
- Discretion of a board of appeal to admit a request which was not admitted in the first-instance proceedings (see point 2.1)
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 following documents:
Claims: Nos. 1 to 16 of auxiliary request 3 filed with letter dated 13 September 2016;
Description: Pages 2 to 8 of auxiliary request 2 filed at the oral proceedings of 19 October 2012; and
Drawings: Figures 1 to 11 of the patent specification.