T 0715/16 of 24.06.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T071516.20210624
- Date of decision
- 24 June 2021
- Case number
- T 0715/16
- Petition for review of
- -
- Application number
- 08156742.2
- 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
- Process and apparatus for producing foamed styrenic polymers
- Applicant name
- Orac Holding NV
- Opponent name
- NMC S.A.
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admissibility of appeal - (yes)
Late-filed request - amendments after arrangement of oral proceedings
Late-filed request - the first summons are decisive for the purpose of applying the transitional provision of Article 25(3) RPBA 2020 (admitted: yes)
Late-filed document - admitted (yes)
Amendments - added subject-matter (no)
Sufficiency of disclosure - (yes)
Inventive step - (yes)
Remittal - (yes) - Catchword
- -
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 on the basis of claims 1 to 11 according to auxiliary request 35 filed with letter dated 14 June 2021 and a description and drawings to be adapted.