T 1439/16 of 02.09.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T143916.20200902
- Date of decision
- 2 September 2020
- Case number
- T 1439/16
- Petition for review of
- -
- Application number
- 09169230.1
- IPC class
- H02K 7/10B65G 23/08
- 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
- Motorized roller and motor unit for motorized roller
- Applicant name
- Itoh Denki Co., Ltd.
- Opponent name
- Interroll Holding AG
EBM-PAPST ST. GEORGEN GmbH & Co. KG - Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)European Patent Convention Art 70(1) (2007)European Patent Convention R 115(2) (2007)Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 12(2) (2007)Rules of procedure of the Boards of Appeal Art 12(2) (2020)Rules of procedure of the Boards of Appeal Art 12(3) (2020)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(3) (2007)Rules of procedure of the Boards of Appeal Art 15(1) (2007)Rules of procedure of the Boards of Appeal Art 15(3) (2020)Rules of procedure of the Boards of Appeal Art 25(1) (2020)Rules of procedure of the Boards of Appeal Art 25(3) (2020)
- Keywords
- Oral proceedings - non-attendance of party
Late-filed auxiliary requests - amendments after arrangement of oral proceedings
Late-filed auxiliary requests - admitted (yes)
Late-filed argument - amendments at the oral proceedings
Late-filed argument - admitted (no)
Late-filed argument - procedural economy
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Cited 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 with the following claims and a description to be adapted thereto:
No. 1 to 9 according to auxiliary request 6 filed with the letter dated 30 December 2019.