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
- -
- Application number
- 08806283.1
- IPC class
- B66F 11/04
- 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
- 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.