T 2551/16 of 22.01.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T255116.20180122
- Date of decision
- 22 January 2018
- Case number
- T 2551/16
- Petition for review of
- -
- Application number
- 09807669.8
- 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
- IMPROVEMENTS IN OR RELATING TO PACKAGING
- Applicant name
- ELOPAK SYSTEMS AG
- Opponent name
- Tetra Laval Holdings & Finance SA
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules 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(3)
- Keywords
- Late-filed evidence - admitted (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- -
- 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 department of first instance with the order to maintain the patent on the basis of the following documents, all as filed during the oral proceedings on 22 January 2018:
- claims 1 to 6 according to the sole request (auxiliary request 4A as filed with letter dated 7 November 2017),
- amended description (columns 1 to 9),
- figures 1 to 10.