T 0555/98 (Gas separation/L'AIR LIQUIDE) of 15.02.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T055598.20020215
- Date of decision
- 15 February 2002
- Case number
- T 0555/98
- Petition for review of
- -
- Application number
- 87402408.6
- IPC class
- B01D 53/22
- 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
- Process for membrane separation of gas mixtures
- Applicant name
- L'AIR LIQUIDE, SOCIETE ANONYME / GEORGES CLAUDE
- Opponent name
- THE DOW CHEMICAL COMPANY
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 102(3) 1973European Patent Convention Art 104(1) 1973European Patent Convention Art 106(1) 1973European Patent Convention Art 108 1973European Patent Convention Art 113(2) 1973European Patent Convention Art 117 1973European Patent Convention Art 21(1) 1973European Patent Convention R 64 1973European Patent Convention R 89 1973
- Keywords
- Admissibility of appeal (yes) - reasoned statement of Grounds of Appeal
Competence of the Board to revise a decison of another Board (no)
Award of costs (no) - 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 Opposition Division with the order to maintain the patent in the following version:
Claims:
Nos. 1 to 5 of the fourth auxiliary request filed as "Patentee's fifth Request" during oral proceedings of 3. December 1997 before Board 3.4.2;
Description:
Columns 1 to 9 of the patent specification with the following amendments:
- column 2, lines 11 to 12: "In a mixture of gases, certain gas components";
- column 2, lines 20 to 23: "This invention is in accordance with claim 1. Air enriched with oxygen is passed through a fermentation vat by any suitable means for purposes of";
- column 3, lines 23 to 24: "Figure 1 shows a schematic representation of the concept of the process";
- column 4, line 6: "The concept comprises selecting a feed" and
- column 8, line 41: "A feature of the invention comprises".
Drawings:
Figures 1 to 4 of the patent specification.
3. The request for apportionment of costs is refused.