T 0594/98 of 05.03.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T059498.19990305
- Date of decision
- 5 March 1999
- Case number
- T 0594/98
- Online on
- 13 April 1999
- Petition for review of
- -
- Application number
- 94904919.1
- IPC class
- F02D 41/06
- 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
- Method of operating an internal combustion engine
- Applicant name
- Orbital Engine Company (Australia) Pty. Ltd.
- Opponent name
- -
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Inventive step - (yes) after amendment
Reimbursement of the appeal fee - (no) - Catchword
- -
- Cited cases
- -
- 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 in the following version:
Claims: 1 and 8, filed during the oral proceedings on 5 March 1999;
2. to 7 and 9 to 17 filed with the letter of 5 January 1998.
Description: Pages 1, 4 to 7 as originally filed (WO-A-94/17293),
pages 2, 2a, 3 and 8 as filed during the oral proceedings on 5 March 1999;
Drawing: Sheet 1/1 (Figures 1 and 2) as originally filed (WO-A-94/17293).
3. The request for reimbursement of the appeal fee is refused.