T 0515/16 of 10.01.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T051516.20180110
- Date of decision
- 10 January 2018
- Case number
- T 0515/16
- Petition for review of
- -
- Application number
- 10166203.9
- IPC class
- A01D 41/12
- 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
- Spreading member and combine harvester with spreading member
- Applicant name
- REKORDVERKEN SWEDEN AB
- Opponent name
- Deere & Company/John Deere GmbH & Co. KG
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 76(1)
- Keywords
- Divisional application - subject-matter extends beyond content of earlier application (yes)
Divisional application - subject-matter extends beyond content of earlier application (no, after amendment)
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- T 0331/87
- 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 a patent in the following version:
Claims:
1 to 11 of the 5th auxiliary request, filed with letter dated 26 September 2016,
Description:
pages 2, 3 and 5 as filed at the oral proceedings before the Board and
page 4 of the published patent specification,
Drawings:
Figures 1 to 8 of the the published patent specification.