T 0111/98 (Water purification/KALDNES) of 10.07.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T011198.20010710
- Date of decision
- 10 July 2001
- Case number
- T 0111/98
- Petition for review of
- -
- Application number
- 91902807.6
- IPC class
- C02F 3/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- METHOD AND REACTOR FOR PURIFICATION OF WATER
- Applicant name
- KALDNES MILJOTEKNOLOGI A/S
- Opponent name
- E.V.U. - Entwicklung von Unwelttechnik GmbH
Raisio Engineering - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 112(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Novelty - yes
Inventive step - yes
Remital - no
Referral - no
Late-filed document - admitted
Clarity of amendment - no (main request)
Extention of protection - no - Catchword
- Amendment of the claims in response to the citation of a new document during appeal proceedings is not as such a sufficient reason to remit the case to the department of first instance.
ORDER
For these reasons it is decided that:
1. The request for remittal to the Opposition Division for further prosecution because of a late-filed document is refused.
2. The request for referral to the Enlarged Board of Appeal is refused.
3. The decision under appeal is set aside.
4. The case is remitted to the first instance with the order to maintain the patent with claims 1 to 10 according to annex A1 as submitted during the oral proceedings and a description to be adapted.