European Patent Office

T 2197/16 of 13.05.2022

European Case Law Identifier
ECLI:EP:BA:2022:T219716.20220513
Date of decision
13 May 2022
Case number
T 2197/16
Petition for review of
-
Application number
09750253.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
Abstract on EPC2000 R 099(1)(c)
Application title
Method for recycling composite material
Applicant name
REPLAN GLOBAL SAGL
Opponent name
Tetra Laval Holdings & Finance SA
Board
3.2.05
Headnote
-
Relevant legal provisions
EPC2000_Art_108_(2007)_Sent_1European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 106(3)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention R 97(1)European Patent Convention R 99(1)(c)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(2)
Keywords
Novelty (yes)
Novelty - implicit disclosure (no)
Inventive step (yes)
Inventive step - ex post facto analysis
Inventive step - problem and solution approach
Inventive step - non-obvious combination of known features
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - subject-matter extends beyond content of earlier application (no)
Grounds for opposition - added subject-matter (no)
Grounds for opposition - lack of clarity no ground for opposition
Late-filed facts - submitted with the statement of grounds of appeal
Late-filed facts - submitted during oral proceedings
Late-filed facts - admitted (no)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no)
Decision on apportionment of costs - not subject of the appeal proceedings
Catchword
-
Citing cases
-

Order

For these reasons it is decided that:

1. The appeal is dismissed.

2. The respondent's requests concerning the apportionment of costs are inadmissible.