T 0248/94 of 25.04.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T024894.19960425
- Date of decision
- 25 April 1996
- Case number
- T 0248/94
- Petition for review of
- -
- Application number
- 86201254.9
- IPC class
- A01J 5/04
- 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
- An implement for milking animals, such as cows, in a parlour
- Applicant name
- C. van der Lely N.V.
- Opponent name
- Prolion Development B.V.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 123 1973European Patent Convention Art 56 1973
- Keywords
- Problem and solution approach (avoiding hindsight by the definition of the problem)
Amendments - agreed by the boards (no)
Inventive step (yes) - problem and solution - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
- The decision under appeal is set aside.
- The case is remitted to the first instance with the order to maintain the patent in the following version:
Claim: 1 as filed during the oral proceedings (Subsidiary request)
Claims: 2 to 4 as filed with letter dated 4. January 1996
Description: columns 1 and 2 as filed during the oral proceedings (Subsidiary request) columns 3 to 6 as granted
Drawings: 1 to 9 as granted.