T 0954/17 of 10.03.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T095417.20200310
- Date of decision
- 10 March 2020
- Case number
- T 0954/17
- Petition for review of
- -
- Application number
- 10162321.3
- IPC class
- G01N 23/083
- 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
- -
- Application title
- X-ray inspection device
- Applicant name
- Ishida Co., Ltd.
- Opponent name
- WIPOTEC GmbH
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 13 (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)
- Keywords
- Late-filed request - submitted with the statement of grounds of appeal
Late-filed request - admitted (yes)
Late-filed objection - admitted (yes)
Amendments - added subject-matter (no)
Late-filed evidence - submitted during oral proceedings
Late-filed evidence - admitted (no)
Novelty - after amendment
Novelty - (yes)
Inventive step - after amendment
Inventive step - (yes) - Catchword
- At the third level of the convergent approach applicable in appeal proceedings in accordance with the revised version of the Rules of Procedure of the Boards of Appeal (RPBA 2020), the boards of appeal are free to use or not use the criteria set out in Article 13(1) RPBA 2020 when deciding, in the exercise of their discretion in accordance with Article 13(2) RPBA 2020, whether to admit an amendment made at this stage of the proceedings. This also holds true when Article 13 RPBA 2007, rather than Article 13(2) RPBA 2020, is to be applied. (See points 3.7 to 3.11 of the Reasons)
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 the patent as amended in the following version:
- Claims: No. 1 to 4 of the main request, filed
by letter dated 23 June 2017 as the ninth auxiliary request;
- Description: pages 2 and 3 filed at the oral proceedings of 10 March 2020 and
pages 4 to 8 of the patent specification;
Figures: 1 to 14 of the patent specification.