T 0616/97 of 10.11.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T061697.19991110
- Date of decision
- 10 November 1999
- Case number
- T 0616/97
- Petition for review of
- -
- Application number
- 89902652.0
- IPC class
- E01B 35/00
- 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
- A method of and an equipment for determining the position of a track
- Applicant name
- Henttinen, Matti
- Opponent name
- Geotronics AB
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Amendments to claims as maintained by the Opposition Division - not allowable
Re-introduction of ground of opposition under Article 100(b) not maintained before the Opposition Division into the appeal procedure - allowed
Novelty - yes (after amendments)
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 in amended form on the basis of claims 1 to 6 filed as the second auxiliary request in oral proceedings, the adapted description also filed in oral proceedings, and Figures 1 and 2 of the patent specification.