T 0802/92 (Photovoltaic cell) of 22.07.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T080292.19940722
- Date of decision
- 22 July 1994
- Case number
- T 0802/92
- Petition for review of
- -
- Application number
- 87309322.3
- IPC class
- H01L 31/06
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Heterojunction p-i-n-photovoltaic cell
- Applicant name
- Colorado School of Mines Foundation
- Opponent name
- -
- Board
- 3.4.01
- Headnote
The removal from a claim of a feature which "does not provide a technical contribution to the subject-matter of the claimed invention" within the meaning of Decision G 1/93, and which merely broadens the protection conferred by the claim, does not contravene Article 123(2) EPC.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973European Patent Convention R 29(1) 1973European Patent Convention R 29(3) 1973
- Keywords
- Omission of a feature in a new category of claim - allowed
Technical features which achieve one of several "objects of the invention" - not necessary for the definition of the claimed subject-matter - Catchword
- -
- Cited cases
- G 0001/93
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 to grant a patent on the basis of
Claims 1 to 41 filed on 21 October 1991;
pages 1 to 6, 16, 18, 20, 21 and 24 filed on 2 May 1991; pages 7 to 15, 17, 19, 22 and 23 as originally filed; and
drawings 1/3-3/3 as originally filed,
with the amendments to Claim 1 and on page 4 as in paragraphs V(i) and V(ii) above.