T 0598/99 (Method and apparatus for cooling wafers/APPLIED MATERIALS INC.) of 17.12.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T059899.20021217
- Date of decision
- 17 December 2002
- Case number
- T 0598/99
- Petition for review of
- -
- Application number
- 92108288.9
- IPC class
- H01L 21/00
- 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
- Method and apparatus for cooling wafers
- Applicant name
- APPLIED MATERIALS, INC.
- Opponent name
- Institute of Technological Information, Inc.
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Novelty (yes - after amendment)
Inventive step (yes - after amendment)
Amendment - an amendment made before grant and not objected to in the notice of opposition cannot in the absence of the patent proprietor's consent be examined by the Board (point 3.2.1)
Reformatio in peius - where the patentee is the sole appellant the principle of reformatio in peius cannot serve to protect the opponent respondent from being in a worse position than he was in before the appeal - Catchword
- -
- Citing cases
- T 1437/15
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 with the claims as amended according to the only request, filed during the oral proceedings, drawings figures 1 to 8 as granted, and the description as to be adapted.