T 1351/10 of 04.03.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T135110.20130304
- Date of decision
- 4 March 2013
- Case number
- T 1351/10
- Petition for review of
- -
- Application number
- 05425150.9
- IPC class
- B60H 1/00
- 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
- Air treatment assembly for vehicles with an improved gasket for the fireproof wall
- Applicant name
- DENSO THERMAL SYSTEMS S.p.A.
- Opponent name
- Behr GmbH & Co. KG
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admission into proceedings (Main Request; First Auxiliary Request, Third Auxiliary Request and Fourth Auxiliary Request) - (no)
Amendment extends beyond the content of application as filed (Second Auxiliary Request) - (yes) - Catchword
- A change of professional representative is not an objective excuse for not filing appropriate requests along with the statement of grounds of appeal, and in particular for not maintaining the main request underlying the decision under appeal. In fact, this rather presupposes a deliberate choice by the appellant. In any case, a change of representative at the time of filing the statement of grounds of appeal certainly cannot justify the filing of the main request only one month before the date of oral proceedings before the board (cf. point 2 of the Reasons).
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.