T 0405/94 of 12.07.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T040594.19950712
- Date of decision
- 12 July 1995
- Case number
- T 0405/94
- Petition for review of
- -
- Application number
- 88300349.3
- IPC class
- G01G 3/14G01G 19/04
- 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
- Weight sensing apparatus
- Applicant name
- Bolland, George Barry
- Opponent name
- Carl Schenck AG
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 123 1973European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973
- Keywords
- Document with unproved date of publication and of availability of its content: no state of the art
Objection in letter of other party: opportunity to comment (yes)
Non-enabling document: not citable as novelty destroying
Novelty (yes)
Inventive step (yes)
Novelty - availability to the public
Novelty - disclosed content of prior publication - enabling disclosure
Inventive step - Catchword
- A party which, although made aware by at least one letter of another party that the availability to the public of the content of a thesis is objected and which does not react before the oral proceedings at which a decision can be taken, or which only provides at said oral proceedings information which is found to need confirmation, has had sufficient opportunity to comment on said objection so that there is no justification to give him further opportunity for providing such confirmation (cf. point 3).
- Cited cases
- -
- Citing cases
- T 0682/97
ORDER
For these reasons it is decided that:
1. The appealed decision is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent in amended form as follows: Claims 1 to 10 according to the Respondent's main request presented at the oral proceedings of 12 July 1995, with the description and drawings to be adapted.