T 2432/10 of 15.05.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T243210.20120515
- Date of decision
- 15 May 2012
- Case number
- T 2432/10
- Online on
- 8 August 2012
- Petition for review of
- -
- Application number
- 05011542.7
- IPC class
- B65B 21/18B65B 5/10
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Semiautomatic boxing machine
- Applicant name
- Marchesini Group S.p.A.
- Opponent name
- KHS GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 100(c)European Patent Convention Art 113(1)European Patent Convention Art 114(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Violation of right to be heard: no
Late-filed document: admitted
Late-filed objection under Article 100(c) EPC in respect of a specific feature: admitted
Amendments (1st auxiliary request): allowed
Inventive step (1st auxiliary request): yes - 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 maintain the patent on the basis of the following documents:
description: columns 1, 2 and 5 of the patent as granted,
columns 3 and 4 as filed during the proceedings,
claims 1 to 8: as filed as first auxiliary request during the oral proceedings,
figures 1 to 5: of the patent as granted.