T 0574/17 of 16.09.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T057417.20220916
- Date of decision
- 16 September 2022
- Case number
- T 0574/17
- Petition for review of
- -
- Application number
- 05716494.9
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on Art 13(2) RPBA 2020
- Application title
- Acoustic elements and their production
- Applicant name
- Rockwool International A/S
- Opponent name
- SAINT-GOBAIN ISOVER
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 54(2)European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - (no)
Novelty - public prior use (yes)
Claims - clarity after amendment (yes)
Grounds for opposition - extension of subject-matter (no)
Late-filed evidence - submitted with the statement of grounds of appeal
Late-filed evidence - admitted (no)
Amendment to appeal case - exercise of discretion
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no) - Catchword
- If there is an amendment to the patent in the appeal proceedings which has never been examined before, the Enlarged Board's obiter dictum in G 10/91, Reasons 19, is fully respected when only the prima facie relevance of an objection under Article 123(2) EPC is considered in the context of assessing whether there are exceptional circumstances under Article 13(2) RPBA 2020 (Reasons 2.3.1-2.3.14).
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 as amended in the following version:
- claims 1 to 6 of auxiliary request 14 filed with the patent proprietor's reply to the statement of grounds of appeal
- description paragraphs 1, 14, 19, 20, 39, 41, 46, 47, 51, 52, 53 and 91 as filed during the oral proceedings before the Board, and paragraphs 2 to 13, 15 to 18, 21 to 38, 40, 42 to 45, 48 to 50, 54 to 90, 92 and 93 of the patent specification
- drawings: Figures 1 to 7 of the patent specification