European Patent Office

T 0002/17 of 08.01.2020

European Case Law Identifier
ECLI:EP:BA:2020:T000217.20200108
Date of decision
8 January 2020
Case number
T 0002/17
Petition for review of
-
Application number
07789741.1
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Numbering device for typographic numbering
Applicant name
KBA-NotaSys SA
Opponent name
Komori Corporation
Paul Leibinger GmbH & Co. KG
Board
3.2.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 114(2) 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Late-filed evidence - resubmitted with the statement of grounds of appeal (admitted)
Inventive step - main request, auxiliary request I (no)
Inventive step - auxiliary request II (yes)
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 in amended form on the basis of

- claims 1 to 16 according to auxiliary request II filed with letter dated 13 November 2019,

- the description

- paragraphs 1 to 27, 30 to 38, 40, 41, 44 and 48 to 87 of the patent specification,

- paragraphs 21A, 28, 29, 42, 43, 45 to 47 of the description as filed during the oral proceedings before the opposition division on 29 September 2016,

- paragraph 39 of the description as filed during the oral proceedings on 8 January 2020, and

- drawing sheets 1/22 to 22/22 of the patent specification.