T 0899/97 (Separator/REXAIR) of 28.11.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T089997.20011128
- Date of decision
- 28 November 2001
- Case number
- T 0899/97
- Petition for review of
- -
- Application number
- 91900623.9
- IPC class
- B01D 47/00
- 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
- Separator for a vacuum cleaner system
- Applicant name
- REXAIR, INC
- Opponent name
- FULL POINT Srl
PROAIR GmbH Gerätebau - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention R 65(1) 1973European Patent Convention R 67 1973
- Keywords
- Missing statement of grounds - appeal inadmissible - refund of appeal fee refused
Expert allowed to speak at oral proceedings
Right to be heard - yes
Novelty - no - functional features implicitly disclosed by prior art
Inventive step - yes (after amendment) - 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 with the following documents:
- claims 1 to 4 according to the second auxiliary request,
- description and drawings to be adapted accordingly.
The appeal of appellant 01 is declared inadmissible. His request for reimbursement of the appeal fee is rejected.