T 0716/91 (Pump Station/STORK) of 15.05.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T071691.19950515
- Date of decision
- 15 May 1995
- Case number
- T 0716/91
- Petition for review of
- -
- Application number
- 83201090.4
- IPC class
- F04D 29/40
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Pump station and mould parts and method of manufacturing the same
- Applicant name
- Stork Pompen B.V.
- Opponent name
- K.S.B. Aktiengesellschaft
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Respondent's main request - reformatio in peius (inadmissible)
Decision re appeals - excercise of discretion
Inventive step - yes (subsidiary request)
Reimbursement of appeal fee - no - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request for remittal of the case to the first instance for further prosecution is rejected.
3. The case is remitted to the first instance with the order to maintain the patent in the following version:
Claims 1 to 9 as filed during the oral proceedings (defined as the second auxiliary request); description pages 1 and 2 as filed during the oral proceedings and pages 3 and 4 as filed with the letter dated 2 January 1991 and Figure 1 to 8 as filed with the letter dated 2. January 1991.
4. The request for reimbursement of the appeal fee is refused.