T 0788/99 of 24.01.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T078899.20010124
- Date of decision
- 24 January 2001
- Case number
- T 0788/99
- Online on
- 15 February 2001
- Petition for review of
- -
- Application number
- 94108862.7
- IPC class
- H02J 7/35
- 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
- Apparatus including a solar battery
- Applicant name
- CANON KABUSHIKI KAISHA
- Opponent name
- -
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84 1973European Patent Convention Art 123(2) 1973
- Keywords
- Claims clear - yes (after amendment)
Added subject-matter - no (after amendment) - 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 department of first instance with the order to grant a patent in the following version:
Claims:
No. 1 as filed on 3 April 1998
No. 2 to 25 as proposed in the Rule 51(4) communication
No. 26 as filed in the oral proceedings
Description:
page 1 of the then "second auxiliary request" as filed with the grounds of appeal
pages 2 and 3 to 18 as in the Rule 51(4) communication
page 2a of the then "secondary auxiliary request" filed 22. December 1998
Drawings:
sheets 1/5 to 5/5 as in the Rule 51(4) communication.