T 0708/93 of 17.10.1994

European Case Law Identifier: ECLI:EP:BA:1994:T070893.19941017
Date of decision: 17 October 1994
Case number: T 0708/93
Petition for review of: -
Application number: 84307484.0
IPC class: G01B 9/02 G01B 11/14 G01B 11/00
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: Optical instrument for measuring displacement
Applicant name: SONY MAGNESCALE INC.
Opponent name: Canon Kabushiki Kaisha
Board: 3.4.02
Headnote: -
Relevant legal provisions: European Patent Convention Art 106 1973 European Patent Convention Art 107 1973 European Patent Convention Art 108 1973 European Patent Convention Art 111 1973 European Patent Convention Art 114(2) 1973 European Patent Convention Art 123(2) 1973 European Patent Convention Art 123(3) 1973 European Patent Convention R 64 1973 European Patent Convention R 65 1973
Keywords: Requests of the Appellant presented as an answer to a communication of the Board within the mentioned period: admissibility (yes)
Main request and first to third subsidiary requests: extension of protection (yes)
Fourth subsidiary request: additional subject-matter (yes)
Fifth subsidiary request: extension of protection (no), additional subject-matter (no)
Remittal to the first instance for further prosecution
Form of appeal - grounds
Late submitted material - admitted
Catchword: -
Cited cases: T 0095/83 T 0220/83 T 0153/85 T 0383/88 T 0169/89 T 0574/91
Citing cases: T 0236/97

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 for further prosecution on the basis of auxiliary request number 5 filed during the oral proceedings of 17 October 1994.