T 1348/16 of 12.01.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T134816.20210112
- Date of decision
- 12 January 2021
- Case number
- T 1348/16
- Petition for review of
- -
- Application number
- 02762777.7
- 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
- 2-CHAMBER TYPE PREFILLED SYRINGE
- Applicant name
- Takeda Pharmaceutical Company Limited
- Opponent name
- Vetter Pharma-Fertigung GmbH & Co. KG
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 25(2) (2020)
- Keywords
- Review of a decision of opposition decision to admit a late-filed document
Feature disclosed solely in a drawing
Novelty
Discretion not to admit a request
Amendments - added subject-matter
Inventive step - 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 with the order to maintain the patent as amended in the following version:
- claims 1-5 according to the first auxiliary request filed on 5 August 2016 with the appellant's statement setting out the grounds of appeal
- paragraphs [0001]-[0074] of the description of the patent specification
- Figures 1-12 of the patent specification