T 0840/17 of 08.12.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T084017.20211208
- Date of decision
- 8 December 2021
- Case number
- T 0840/17
- Petition for review of
- -
- Application number
- 08805381.4
- 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
- System and Method for Power Management in a Photovoltaic Installation
- Applicant name
- Ingeteam Power Technology, S.A.
- Opponent name
- SMA Solar Technology AG
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Inventive step - granted claims 1, 8 (no)
Inventive step - granted claim 11 (yes)
Amendments - added subject-matter
Amendments - 18th auxiliary request (no)
Amendment after summons - 23rd auxiliary request
Amendment after summons - taken into account (no)
Late-filed facts (objections to claims 8, 11)
Late-filed facts - request could have been filed in first instance proceedings (no)
Late-filed facts - submitted during oral proceedings (objection to claim 11)
Late-filed facts - exceptional circumstances (no) - Catchword
- -
- Cited cases
- T 1841/11
- Citing cases
- T 1474/23
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 on the basis of the claim of the eighteenth auxiliary request and a description to be adapted.