T 1135/97 of 02.07.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T113597.19990702
- Date of decision
- 2 July 1999
- Case number
- T 1135/97
- Petition for review of
- -
- Application number
- 91308030.5
- IPC class
- F02F 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
- Metallic Gasket
- Applicant name
- Nippon Gasket Company Ltd.
- Opponent name
- Elring Klinger GmbH
Reinz-Dichtungs-GmbH - Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - yes
Technical teaching derivable from feature solely in a drawing - Catchword
- -
- Citing cases
- T 0492/04
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 appellant's main request, i.e. in the following version:
- claim 1 of the main request as submitted in the oral proceedings before the opposition division,
- claims 2 to 8 as granted,
- columns 1 to 2 and 5 to 13 of the description as granted,
- columns 3 and 4 of the description as submitted in the oral proceedings before the board of appeal, and
- the drawings as granted.