European Patent Office

T 1185/17 of 01.06.2021

European Case Law Identifier
ECLI:EP:BA:2021:T118517.20210601
Date of decision
1 June 2021
Case number
T 1185/17
Petition for review of
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Application number
10169558.3
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
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
Feminine hygiene article with printed pattern and embossed pattern
Applicant name
The Procter & Gamble Company
Opponent name
Essity Hygiene and Health Aktiebolag
Johnson & Johnson Consumer Inc.
Kimberly-Clark Worldwide, Inc.
Board
3.2.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2) (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
Keywords
Amendments - added subject-matter (yes)
Late-filed auxiliary requests - justification for late filing (no)
Late-filed auxiliary requests - diverging versions of claims
Catchword
See Reasons 3.3; auxiliary requests 7 to 10 not admitted into the proceedings due to a new lack of convergence caused by the filing of auxiliary requests 1 and 2, the latter not being taken into account under Article 13(2) RPBA 2020.
Cited cases
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Citing cases
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Order

For these reasons it is decided that:

The appeal is dismissed.