T 0463/92 of 24.05.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T046392.19930524
- Date of decision
- 24 May 1993
- Case number
- T 0463/92
- Online on
- 8 July 1993
- Petition for review of
- -
- Application number
- 87901679.8
- IPC class
- B01D 53/34
- 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
- Device for controlling NH3 injection into denitrification system
- Applicant name
- Mitsubishi Jukogyo Kabushiki Kaisha
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Inventive step: after amendment: yes
Reimbursement of appeal fees, equitable: no
inventive step (yes)
reimbursement of appeal fees - substantial procedural violation (no) - Catchword
- If in his statement of grounds of appeal the Appellant (Applicant) has maintained the text of the patent application which had been refused by the Examining Division on the grounds of lack of inventive step and if he has mentioned that further arguments and documents might yet be submitted and that, due to the complexity of the matter, an oral hearing in which the invention could be discussed in comparison with the prior art by direct argument and counter-argument would appear to be desirable, if thus a continuation of the procedure had to be envisaged in any case, then this is an indication that a reimbursement of the appeal fees is not equitable.
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The request for reimbursement of the appeal fees is rejected.
3. The file is remitted to the first instance with the order to grant a patent on the basis of the following documents:
Description:
pages 1 to 21, filed with letter dated 7 April 1993, with the following amendments:
the text from page 7, penultimate paragraph to page 9, first paragraph, and from page 11, first paragraph to page 12, last paragraph, is deleted;
on page 9, paragraph "Disclosure of the invention", the words "NH3 injection controller of the invention is distinguished" are substituted for the words "solution of this problem is achieved proceeding";
Claim:
the only claim filed with letter dated 7 April 1993, with the following amendment:
on page 3, fourth line of the claim, the word "denitration" is substituted for "nitration";
Drawings:
Fig. 1 and 2 filed with letter dated 7 April 1993, Sheets 3/5 to 5/5 (Fig. 3 to 6) as originally filed.