European Patent Office

T 0796/16 of 19.02.2019

European Case Law Identifier
ECLI:EP:BA:2019:T079616.20190219
Date of decision
19 February 2019
Case number
T 0796/16
Petition for review of
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Application number
08806283.1
IPC class
B66F 11/04
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
OPERATOR CAGE
Applicant name
Niftylift Limited
Opponent name
JLG Industries, Inc.
BlueSky Solutions Limited
Board
3.2.01
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 123(3)Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Amendments - main request, auxiliary request
Amendments - extension beyond the content of the application as filed (yes)
Amendments - auxiliary request 2
Amendments - allowable (yes)
Reformatio in peius - (no)
Late-filed document - admitted (yes)
Remittal to the department of first instance - (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 for further prosecution on the basis of claims 1 to 9, submitted as auxiliary request 2 during the oral proceedings.