T 0738/16 of 11.05.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T073816.20210511
- Date of decision
- 11 May 2021
- Case number
- T 0738/16
- Petition for review of
- -
- Application number
- 06809173.5
- IPC class
- F27D 1/16F27D 1/10B22D 41/02
- 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 FOR THE PRODUCTION OF A WEAR LINING FROM A PARTICULATE REFRACTORY MATERIAL FOR CASTING LADLES AND POURING BOXES, TOGETHER WITH THE WEAR LINING MADE IN THIS WAY
- Applicant name
- Sibelco Nordic AS
- Opponent name
- Müller-Boré & Partner
VESUVIUS GmbH - Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 123(3) (2007)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 13(1) (2007)Rules of procedure of the Boards of Appeal Art 13(3) (2007)
- Keywords
- Late-filed auxiliary requests - adjournment of oral proceedings would have been required (no)
Late-filed auxiliary requests - request clearly allowable (yes)
Late-filed auxiliary requests - admitted (yes)
Amendments - allowable (yes)
Remittal - special reasons for remittal
Remittal - (yes) - Catchword
- -
- Cited cases
- T 1704/06
- 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 for further prosecution on the basis of the set of claims according to the fourth auxiliary request filed at the oral proceedings before the Board.