T 0950/97 of 26.03.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T095097.20020326
- Date of decision
- 26 March 2002
- Case number
- T 0950/97
- Petition for review of
- -
- Application number
- 91908775.9
- IPC class
- H01L 33/00
- 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
- Optoelectronic device
- Applicant name
- BRITISH TELECOMMUNICATIONS public limited company
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- 'Product - by - process claim', clarity (yes) (process gives rise to clearly identifiable characteristics in devices produced by it)
Novelty (yes)
Inventive step (yes)
The design of the claimed device makes possible the use of the advantageous and inventive method
No direct incitation to modify the teaching of the closest prior art document to arrive at the claimed device - 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 grant a patent on the basis of the following patent application documents:
Description:
Pages 1, 2, 4, 6 to 9 and 12 to 23 as filed;
Page 3 filed with applicant's letter of 21 March 1995;
Page 3a (Main request) filed with appellant's telefax dated 6 March 2002;
Pages 5, 5a, 10, 11 and 11a filed on 5 November 1992;
Claims:
Nos. 1 to 6 (first part) (Main request) filed with appellant's telefax dated 6 March 2002;
Nos 6 (second and last part) to 45 filed with applicant's letter of 21 March 1995;
Drawings:
Sheets 1/4 to 4/4 as filed.