T 2332/15 of 24.04.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T233215.20180424
- Date of decision
- 24 April 2018
- Case number
- T 2332/15
- Petition for review of
- -
- Application number
- 05734048.1
- IPC class
- E01B 29/17
- 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
- RAILWAY RAIL HANDLING APPARATUS AND METHOD
- Applicant name
- W & D McCulloch Ltd.
- Opponent name
- QTS Limited
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 114(2)European Patent Convention Art 123(2)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)
Novelty - auxiliary request (yes)
Late-filed auxiliary request - admitted (no)
Amendments - added subject-matter (no)
Inventive step - auxiliary request (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 as amended in the following version:
- claims 1 to 28 filed as auxiliary request 2 with letter dated 20 February 2018;
- description, paragraphs [0001] to [0005], [0007],[0009] to [0042] and [0044] to [0056] of the patent specification, paragraphs [0006] and [0043] filed as auxiliary request 2 with letter dated 20 February 2018, and paragraph [0008] filed during the oral proceedings before the Board;
- figures 1a, 1b, 2, 3a, 3b, 4, 5a and 5b of the patent specification.