T 2195/15 of 18.12.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T219515.20181218
- Date of decision
- 18 December 2018
- Case number
- T 2195/15
- Petition for review of
- -
- Application number
- 10154811.3
- 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
- Metal multiphase material and manufacturing method therefore
- Applicant name
- VBN Components AB
- Opponent name
- Uddeholms AB
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Late-filed facts - submitted with the statement of grounds of appeal
Late-filed facts - admitted (yes)
Late-filed evidence - request identical to request not admitted in first instance proceedings - admitted (yes)
Amendment occasioned by ground for opposition - (yes)
Amendments - allowable (yes)
Sufficiency of disclosure - (yes)
Novelty - (yes) - implicit disclosure (no) - selection invention (no)
Inventive step - (yes) - Catchword
- -
- 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 opposition division with the order to maintain the patent in amended form on the basis of :
- claims 1 to 11 of the main request filed with letter dated 22 January 2016;
- specification, pages 2, 3, 5 to 7 as granted;
- specification, page 4 submitted at the oral proceedings before the Board;
- figures as granted.