T 1604/16 of 07.12.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T160416.20201207
- Date of decision
- 7 December 2020
- Case number
- T 1604/16
- Petition for review of
- -
- Application number
- 09775807.2
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- FOLDABLE RAMP ALLOWING AN INVALID WHEELCHAIR PASSENGER ENTER INTO A VEHICLE
- Applicant name
- API CZ S.R.O.
- Opponent name
- MobiTEC GmbH & Co. KG
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- Convention for the Protection of Human Rights and Fundamental Freedoms Art 6European Patent Convention Art 100(a) (2007)European Patent Convention Art 100(b) (2007)European Patent Convention Art 54(1) (2007)European Patent Convention Art 54(2) (2007)European Patent Convention Art 56 (2007)European Patent Convention R 103(1)(a) (2007)European Patent Convention R 116 (2007)European Patent Convention R 124(2) (2007)
- Keywords
- Sufficiency of disclosure (yes)
Review of a finding of fact of the department of first instance - (yes)
Novelty - (yes)
Inventive step - (yes)
Reimbursement of appeal fee - (no) - Catchword
- The boards have competence to review appealed decisions in full, including points of law and fact. This applies also to
findings of fact of the department of first instance which are based, at least in part, on the evaluation of witness evidence obtained in the course of hearing a witness (reasons, point 3.1 and sub-points).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is maintained as granted.
3. The request for reimbursement of the appeal fee is refused.