T 0128/98 (Milking-cleaning/MAASLAND) of 15.03.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T012898.20000315
- Date of decision
- 15 March 2000
- Case number
- T 0128/98
- Petition for review of
- -
- Application number
- 91202364.5
- IPC class
- A01K 13/00
- 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 cleaning apparatus
- Applicant name
- MAASLAND N.V.
- Opponent name
- Alfa Laval Agri AB
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step - main request (no)
Inventive step - auxiliary request (yes)
Objections based upon a fresh ground for opposition - Catchword
- The mere reference to Article 100(c) EPC in the decision under appeal does not imply that the corresponding ground for opposition was introduced into the proceedings, if the decision under appeal does not deal in a substantial way with this ground for opposition.
- Cited cases
- -
- Citing cases
- T 0764/06
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 the following version:
Claims: 1 to 19,
Description: columns 1 to 9,
Drawings: Figures 1 to 7, as filed during the oral proceedings.