T 0841/95 of 13.06.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T084195.19960613
- Date of decision
- 13 June 1996
- Case number
- T 0841/95
- Petition for review of
- -
- Application number
- 92110113.5
- IPC class
- B01L 3/02
- 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
- Method of aspirating and dispensing a liquid using a self- cleaning pipette tip
- Applicant name
- Johnson & Johnson Clinical Diagnostics, Inc.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84 1973
- Keywords
- Claims - clarity - yes (after amendments)
- Catchword
- Where a claim for an apparatus seeks to define the invention by reference to features of the use to which the apparatus is to be put, a lack of clarity can result. However, if the subject- matter of the application is an apparatus and it is not viable to define the apparatus in a way other than with reference to said use, an apparatus claim directed to a combination of apparatus and use defining unambiguously the apparatus can be clear (cf. the Guidelines, C-III.4.8a).
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division with the order to grant a patent on the basis of the claims Nos. 1 to 9 filed with appellant's letter of 18. September 1995 (notice of appeal and statement of grounds of appeal), with the dependent claims, the description and, if necessary, the drawings to be adapted.