T 0932/99 of 03.08.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T093299.20040803
- Date of decision
- 3 August 2004
- Case number
- T 0932/99
- Petition for review of
- -
- Application number
- 93114421.6
- IPC class
- B01D 71/02
- 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
- Composite mixed conductor membranes for producing oxygen
- Applicant name
- AIR PRODUCTS AND CHEMICALS, INC.
- Opponent name
- Praxair Technology, Inc.
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 111 1973European Patent Convention Art 114 1973European Patent Convention Art 69 1973European Patent Convention R 65 1973
- Keywords
- Appeal - admissible (yes)
Late filed evidence - admitted (yes)
Decision re appeals - remittal (yes)
Costs - apportionment of future costs (no) - apportionment of part of costs (yes) - Catchword
- -
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 for further prosecution.
3. The costs shall be apportioned so that the appellants shall pay the respondents (a) the costs charged by the respondents' European professional representative to the respondents in connection with the present appeal proceedings; and (b) the expenses (travelling, accommodation) for the two participants of the respondents at the oral proceedings before the Board.