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
- 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
- European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 103(4)(a)Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- 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%.