T 0440/90 of 28.04.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T044090.19930428
- Date of decision
- 28 April 1993
- Case number
- T 0440/90
- Online on
- 22 November 1993
- Petition for review of
- -
- Application number
- 82107335.0
- IPC class
- B65H 3/06
- 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
- Sheet feeding device
- Applicant name
- Hitachi, Ltd.
- Opponent name
- I) Océ-Nederland B.V., Venlo
II) Canon Inc. - Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention R 29(6) 1973
- Keywords
- Novelty - public prior use (left open)
Inventive step - (yes) after amendment - 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 first instance with the order that the further procedure, i.e. the maintenance of the patent be based on the following text of the patent:
- Claims 1 and 2 as filed during the oral proceedings;
- description, columns 1 to 8, as filed during the oral proceedings;
- drawings: sheets 1 to 4 as granted.