T 1707/17 of 19.02.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T170717.20210219
- Date of decision
- 19 February 2021
- Case number
- T 1707/17
- Petition for review of
- -
- Application number
- 05794506.5
- IPC class
- H01J 37/32
- 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
- MATERIAL DEPOSITION APPARATUS AND METHOD
- Applicant name
- Applied Multilayers LLC
- Opponent name
- -
- Board
- 3.4.03
- 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 of main and 1st auxiliary request
Amendments - allowable (no)
Amendment after summons (2nd auxiliary request)
Amendment after summons - taken into account (no) - Catchword
- Article 13(2) RPBA 2020 requires the party
not only to explain why the case involves exceptional circumstances, but also to explain why its amendment, in terms of both content and timing, represents a justified response to these circumstances.
In particular, where a party seeks to amend its case at a very late stage in the proceedings, the cogent reasons referred to in Article 13(2) RPBA 2020 should include reasons why it was not possible to file such an amendment earlier (Reasons, point
2.4). - Cited cases
- T 1033/10
Order
For these reasons it is decided that:
The appeal is dismissed.