T 0847/93 of 31.01.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T084793.19950131
- Date of decision
- 31 January 1995
- Case number
- T 0847/93
- Petition for review of
- -
- Application number
- 87906879.9
- IPC class
- G01F 1/84
- 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
- Density insensitive coriolis mass flow rate meter
- Applicant name
- MIRCO MOTION INCORPORATED
- Opponent name
- Krohne MeBtechnik GmbH & Co. KG
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1) 1973European Patent Convention Art 108 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention R 65(1) 1973
- Keywords
- Fresh case, prima facie substantiated; admissiblity: yes
Remittal to the first instance for determining in particular whether the facts and evidences not submitted in due time are disregarded: yes
Apportionment of costs: yes - Catchword
- -
ORDER
For these reasons it is decided that:
1. The appeal is admissible.
2. The decision of the Opposition Division is set aside
3. The case is remitted to the Opposition Division for further prosecution.
4. The costs shall be apportioned so that the Appellant shall pay to the Respondent 50% of the costs which will be incurred by the Respondent in the future oral proceedings and taking of evidence before the Opposition Division and in any subsequent appeal.