T 0461/97 of 26.10.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T046197.19991026
- Date of decision
- 26 October 1999
- Case number
- T 0461/97
- Petition for review of
- -
- Application number
- 83303751.8
- IPC class
- B07C 5/16
- 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
- Egg processing system
- Applicant name
- Diamond Automations Inc.
- Opponent name
- FPS Food Processing Systems B.V. (formerly Terpa Poultry B.V.)
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 99 1973European Patent Convention R 88 1973
- Keywords
- Clarity, inventive step (after amendment, yes)
Amendments (admissible)
Late grounds of opposition (not accepted by patentee)
Correction of opponent's name (admissible) - Catchword
- -
- Citing cases
- T 0015/01
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent in the amended form approved by the opposition division except that claim 1 and the insert for page 2, column 2, lines 9 to 33 of the description are to be replaced by those of the main request filed in the oral proceedings held on 2 September 1999 before the Board.
3. The Notice of Opposition against European patent No. 0 098 733 filed 28 August 1990, the Notice of Appeal filed on 15 April 1997, the Statement of the grounds of Appeal filed on 10 June 1997 and all the other documents filed in the opposition proceedings and the present appeal are to be corrected under Rule 88 EPC so that the name of the opponent is "FPS Food Processing System B.V.".