T 1688/15 of 10.04.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T168815.20190410
- Date of decision
- 10 April 2019
- Case number
- T 1688/15
- Online on
- 22 May 2019
- Petition for review of
- -
- Application number
- 08841651.6
- 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
- FUNNEL ELEMENT FOR MOCHA PROVIDED WITH PERFORATION MEANS AND CARTRIDGE THEREFOR
- Applicant name
- Illycaffè S.p.A.
- Opponent name
- Nestec S.A.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 111(1)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request (yes)
Inventive step - (yes)
Sufficiency of disclosure - (yes)
Late-filed evidence - admitted (yes)
Late-filed request - admitted (yes)
Appeal decision - remittal to the department of first instance (no) - 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 European patent No. 2234522 in the following version:
Claims:
Claims 1-10 of auxiliary request 2 as filed with letter of 21 March 2015 (received 21 March 2016)
Description:
Pages 1-26 as filed with letter of 21 March 2015 (received 21 March 2016)
Drawings:
Figures 1-23 as in the published patent specification.