T 2178/17 of 09.02.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T217817.20220209
- Date of decision
- 9 February 2022
- Case number
- T 2178/17
- Online on
- 8 April 2022
- Petition for review of
- -
- Application number
- 08830658.4
- 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
- HAND-HELD ELECTRIC TOOL
- Applicant name
- Makita Corporation
- Opponent name
- Metabowerke GmbH
Minim Law Limited - Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)European Patent Convention Art 83European Patent Convention Art 84European Patent Convention Art 123(2)European Patent Convention Art 111(1)Rules of procedure of the Boards of Appeal 2020 Art 011European Patent Convention R 103(4)(a)
- Keywords
- Late-filed request - amendment to the patent proprietor's appeal case (no)
Late-filed request - request could have been filed in first instance proceedings (no)
Late-filed request - admitted (yes)
Amendment after summons - new objections
Amendment after summons - cogent reasons (no)
Amendment after summons - new objections
Amendment after summons - exceptional circumstances (no)
Amendment after summons - new objections
Amendment after summons - taken into account (no)
Claims - clarity (yes)
Sufficiency of disclosure - (yes)
Amendments - allowable (yes)
Description brought in conformity with an allowable set of claims - submitted after summons - amendment to a party's case (no)
Reimbursement of appeal fee paid by the patent proprietor
Reimbursement of appeal fee - withdrawal of appeal - Catchword
- -
- Citing cases
- T 0697/22
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 as amended in the following version:
Claim
1 filed as auxiliary request IV with
letter of 7 September 2020,
corresponding to auxiliary
request III filed with letter of
13 April 2018 (dated 23 April 2018);
Description, paragraphs
1 to 13, 15 to 33 of the patent specification;
14 received during oral proceedings
of 9 February 2022 as auxiliary
request V;
Drawings
1 to 4 of the patent specification.
3. The appeal fee paid by the patent proprietor is reimbursed at 25%.