T 1445/13 of 13.03.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T144513.20180313
- Date of decision
- 13 March 2018
- Case number
- T 1445/13
- Petition for review of
- -
- Application number
- 05006163.9
- IPC class
- G01D 5/38G02B 5/18G01D 5/347
- 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
- Scale for reflective photoelectric encoder and reflective photoelectric encoder
- Applicant name
- Mitutoyo Corporation
- Opponent name
- DR. JOHANNES HEIDENHAIN GmbH
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(1) 1973European Patent Convention Art 56 1973
- Keywords
- Amendments - Added subject-matter (no)
Novelty and inventive step (yes) - Catchword
- -
- 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:
Claims: Nos. 1 and 2 according to the sole request of the respondent, filed as "New Auxiliary Request 1" with letter dated 2 February 2018;
Description: Pages 2 and 3 according to the sole request of the respondent, filed as auxiliary request 1 with letter dated 2 February 2018; and
Drawings: Figures 1 to 5 according to the sole request of the respondent, filed as auxiliary request 1 with letter dated 2 February 2018.