T 0521/96 (Milking unit/VAN DER LELY) of 12.05.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T052196.19980512
- Date of decision
- 12 May 1998
- Case number
- T 0521/96
- Online on
- 18 June 1998
- Petition for review of
- -
- Application number
- 89108565.6
- IPC class
- A01J 7/00
- 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
- An implement for automatically milking animals
- Applicant name
- C. van der Lely N.V.
- Opponent name
- Prolion B.V./Manus AB
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 123 1973
- Keywords
- Main request, first and second auxiliary requests (no - extended subject-matter)
Third auxiliary request (allowed - not challenged by the opponents) - Catchword
- Unclear statements in the originally filed patent application can normally not be used to claim, by way of amendments, subject-matter which was not unambiguously disclosed in that patent application.
- Cited cases
- -
- Citing cases
- -
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 in the following version:
- Claim 1 filed with the letter dated 20 April 1998 (designated "third auxiliary request"); Claims 2 to 10 filed during the oral proceedings on 12 May 1998;
- Description: columns 1 and 2 filed during the oral proceedings on 12 May 1998; columns 3 to 7 of the patent as granted;
- Drawings: Figures 1 to 9 of the patent as granted.