T 0435/16 of 08.06.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T043516.20210608
- Date of decision
- 8 June 2021
- Case number
- T 0435/16
- Petition for review of
- -
- Application number
- 10193757.1
- 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
- Method for forming inkjet image
- Applicant name
- Konica Minolta Holdings, Inc.
- Opponent name
- Canon Production Printing Netherlands B.V.
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 139European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Amendment occasioned by ground for opposition (yes)
Sufficiency of disclosure (yes)
Claims - lack of clarity no ground for opposition
Late-filed evidence - admitted (yes)
Inventive step (yes)
Late-filed objection - admitted (no)
Correction of error (no)
Remittal to the department of first instance
Remittal (yes) - Catchword
- -
- Citing cases
- T 1473/19
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 5 submitted as main request with the reply to the statement setting out the grounds of appeal and a description and drawings to be adapted.
3. The respondent's request for correction is rejected.