European Patent Office

T 0087/17 of 30.06.2021

European Case Law Identifier
ECLI:EP:BA:2021:T008717.20210630
Date of decision
30 June 2021
Case number
T 0087/17
Petition for review of
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Application number
04015344.7
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Process cartridge, mounting method of electrophotographic photosensitive drum and replacing method of the photosensitive drum
Applicant name
CANON KABUSHIKI KAISHA
Opponent name
ETIRA European Toner & Inkjet Remanufacturers
Association a.i.s.b.l.
Board
3.4.03
Headnote
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Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 56 1973European Patent Convention R 101(1)European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(2)
Keywords
Admissibility of appeal - (yes)
Inventive step - problem and solution approach
Inventive step - common general knowledge
Inventive step - obvious modification
Inventive step - main request (no)
Inventive step - auxiliary requests 3, 4, and 6 (no)
Amendments - auxiliary requests 1 and 2
Amendments - added subject-matter (yes)
Amendment after summons - exercise of discretion
Amendment after summons - exceptional circumstances (yes)
Amendment after summons - suitability to resolve the issues raised (no)
Catchword
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Citing cases
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.