T 0337/17 (High discharge capacity lithium battery/ENERGIZER) of 18.06.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T033717.20190618
- Date of decision
- 18 June 2019
- Case number
- T 0337/17
- Petition for review of
- -
- Application number
- 05732741.3
- IPC class
- H01M 6/50H01M 4/36H01M 2/16H01M 4/12H01M 4/38H01M 4/04H01M 2/02H01M 4/62H01M 4/58H01M 2/18H01M 6/16H01M 6/10
- 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
- HIGH DISCHARGE CAPACITY LITHIUM BATTERY
- Applicant name
- Energizer Brands, LLC
- Opponent name
- The Gillette Company
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)
- Keywords
- Right to be heard - substantial procedural violation (yes)
Reimbursement of appeal fee - appealed decision sufficiently reasoned (no) - Catchword
- -
- Citing cases
- T 1655/21
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 a patent in amended form on the basis of:
- claims 1-27 of the auxiliary request as submitted during the oral proceedings on 12 May 2015
- pages 3, 4, 9 and 12 of the description as submitted by the respondent with the letter dated 22 May 2017
- pages 2, 5-8, 10, 11, 13-19 of the description of the patent specification
- drawings 1/6-6/6 of the patent specification
3. The appeal fee is to be reimbursed.