T 0636/99 of 10.04.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T063699.20020410
- Date of decision
- 10 April 2002
- Case number
- T 0636/99
- Petition for review of
- -
- Application number
- 91116668.4
- IPC class
- H01J 35/10
- 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
- Rotary-anode type X-ray tube
- Applicant name
- Kabushiki Kaisha Toshiba
- Opponent name
- Philips Corporate Intellectual Property GmbH
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention R 65(1) 1973
- Keywords
- Admissibility (yes)
Added subject-matter - main request, second and third auxiliary requests (yes) - fourth auxiliary request (no)
Admissibility of the first auxiliary request (no)
Novelty and inventive step - fourth auxiliary request (yes) - 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 department of first instance with the order to maintain the patent in amended form in the following version:
Claim 1 filed as third auxiliary request with the letter dated 11 March 2002, claims 2 to 12, description and drawings in the form approved by the opposition division.