T 0463/95 of 29.01.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T046395.19970129
- Date of decision
- 29 January 1997
- Case number
- T 0463/95
- Petition for review of
- -
- Application number
- 82111126.7
- IPC class
- H03F 3/217
- 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
- Amplitude modulator
- Applicant name
- HARRIS CORPORATION
- Opponent name
- O1: ABB Management AG
O2: Daimler-Benz Aktiengesellschaft - Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100 1973European Patent Convention Art 107 1973European Patent Convention Art 111 1973European Patent Convention Art 114 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 82 1973European Patent Convention Art 84 1973European Patent Convention R 57(1) 1973European Patent Convention R 57a 1973European Patent Convention R 58(2) 1973
- Keywords
- New claim filed in opposition proceedings one week before oral proceedings - scope restricting combination of features taken from claims which had been opposed - claim admissible
Inventive step - yes, after amendment
Non prepublished documents filed late during the appeal proceedings as circumstantial evidence - not admissible
Prior art which had been referred to in connection with a novelty objection which no longer applied, and then not further pursued, until oral proceedings before the Board of Appeal - not relevant - inadmissible - Catchword
- -
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 maintain the patent on the basis of:
Claims:
claims 1 to 27 as filed with the grounds of appeal dated 18 July 1995 (received 19. July 1995);
claim 28 as filed on 22 November 1996;
Description:
columns 1 and 2 as filed in the oral proceedings of 29 January 1997; columns 3 to 17 as maintained by the opposition division, and
Drawings:
as maintained by the opposition division.