T 1790/17 (Redesigning product or process parameters/PROCTER & GAMBLE) of 18.03.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T179017.20210318
- Date of decision
- 18 March 2021
- Case number
- T 1790/17
- Petition for review of
- -
- Application number
- 14178116.1
- IPC class
- G06Q 10/06
- 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
- Method for redesigning one or more product or process parameters of a manufactured article
- Applicant name
- The Procter & Gamble Company
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) (2007)European Patent Convention Art 52(2) (2007)Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 12(2) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Patentable invention - redesigning a product based on user feedback (no
Patentable invention - business method)
Patentable invention - controlling manufacture of a product with improved process data (yes
Patentable invention - technical)
Amendment after summons (yes
Amendment after summons - exceptional circumstances)
Remittal (yes
Remittal - exceptional circumstances) - Catchword
- The purpose of the oral proceedings for the appellant is to better explain his case and for the Board to understand and clarify points which, perhaps, up to that point were not sufficiently clear. This is particularly relevant in
ex parte
cases where besides the applicant/appellant no other party is involved. If amendments resulting from such discussions were not possible, oral proceedings would be pointless. The new [substantially amended] auxiliary request was filed as a direct reaction following the exchange of arguments in the oral proceedings and addressing the objections and concerns the Board had. Furthermore, this request overcame the grounds on which the appealed decision was based. The Board considers the filing of such a request is justified by exceptional circumstances and therefore admits it into the proceedings. (See point 7 of the reasons) - Cited cases
- G 0001/19
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the examining division for further prosecution.