T 1635/10 of 02.04.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T163510.20140402
- Date of decision
- 2 April 2014
- Case number
- T 1635/10
- Petition for review of
- -
- Application number
- 05732311.5
- IPC class
- B65G 57/06
- 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
- HANDLING UNIT FOR PALLETIZING
- Applicant name
- Blue Horizon GmbH & Co. KG
- Opponent name
- MSK-Verpackungs-Systeme GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Novelty - main request (no)
Inventive step - auxiliary request 1 (no)
Late filed auxiliary request 2 - admitted (no)
Late filed auxiliary request 3 - inventive step (yes)
Handwritten amendments to documents for the maintenance of the patent - admitted (yes) (see point 5) - Catchword
- -
- Cited 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:
Claims:
No. 1 to 21 of the new auxiliary request 3 as filed during the oral proceedings.
Description:
Pages 2 and 3 of the published patent as filed during the oral proceedings;
Pages 4 and 5 of the published patent as granted.
Drawings:
Figures 1 to 10 of the published patent as granted.