T 3123/19 (Milking arrangement (DeLaval)) of 12.09.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T312319.20230912
- Date of decision
- 12 September 2023
- Case number
- T 3123/19
- Online on
- 11 December 2023
- Petition for review of
- -
- Application number
- 13824414.0
- 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
- MILKING ARRANGEMENT, SET OF EXCHANGEABLE EXPENDABLE PARTS AND METHOD FOR A MILKING ARRANGEMENT
- Applicant name
- DeLaval Holding AB
- Opponent name
- Octrooibureau Van der Lely N.V.
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 52(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(1)
- Keywords
- Inventive step - main request, auxiliary request 1, auxiliary request 2, auxiliary request 4 (no)
Inventive step - auxiliary request 5 (yes)
Amendment to appeal case - auxiliary request 3
Amendment to appeal case - amendment overcomes issues indentified (with a higher ranking request) (no)
Amendment to appeal case - auxiliary request 5
Amendment to appeal case - amendment overcomes issues identified (with a higher ranking request) (yes) - 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 Opposition Division with the order to maintain the patent on the basis of the description and claims of auxiliary request 5, as submitted on 16 May 2023, and the drawings of the patent.