T 0236/97 of 27.09.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T023697.20010927
- Date of decision
- 27 September 2001
- Case number
- T 0236/97
- Petition for review of
- -
- Application number
- 84307484.0
- IPC class
- G01B 9/02G01B 11/14G01B 11/00
- 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
- Optical instrument for measuring displacement
- Applicant name
- Sony Magnescale, Inc.
- Opponent name
- Canon Kabushiki Kaisha
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Clarity and inventive step (yes)
- Catchword
- -
- 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 on the basis of the respondent's main request, i.e. with the following documents:
Claims 1 to 3 as filed during the oral proceedings of 27. September 2001;
Description pages 2, 3 and 5 to 9 as annexed to the decision under appeal and page 4 as filed during the oral proceedings of 27 September 2001;
Figures 1 to 16 as annexed to the decision under appeal.