W 0009/05 of 14.07.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:W000905.20050714
- Date of decision
- 14 July 2005
- Case number
- W 0009/05
- Petition for review of
- -
- Application number
- PCT/DK2004/00172
- IPC class
- G02B 26/02
- 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
- Method for establishing a light beam with substantially constant luminous intensity
- Applicant name
- DICON A/S
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- Patent Cooperation Treaty Art 17Patent Cooperation Treaty Art 19Patent Cooperation Treaty R 40
- Keywords
- Unity a posteriori - yes
- Catchword
- For the purpose of the international search an objection of non-unity "a posteriori" shall not be based on a rather formal comparison of the claimed subject-matter with the prior art. The claims shall rather be construed as it could be expected that they would be amended in due course, e.g. to better reflect the teaching of the patent application.
- Citing cases
- -
ORDER
For these reasons it is decided that:
The case is remitted to the International Searching Authority with the order to refund the additional search fee and the protest fee to the applicant.