European Patent Office

T 0526/16 of 10.01.2019

European Case Law Identifier
ECLI:EP:BA:2019:T052616.20190110
Date of decision
10 January 2019
Case number
T 0526/16
Online on
28 March 2019
Petition for review of
-
Application number
07123987.5
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Industrial truck
Applicant name
BT Products AB
Opponent name
Jungheinrich Aktiengesellschaft
Board
3.2.01
Headnote
-
Relevant legal provisions
European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)
Keywords
Inventive step - (no)
Inventive step - main request and auxiliary requests 6, 7
Inventive step - (yes)
Inventive step - auxiliary request 9
Late-filed request - admitted (yes)
Late-filed request - auxiliary request 9
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 the patent in amended form on the basis of the claims of the 9th auxiliary request as filed with letter dated 21 November 2018 and a description to be adapted.