T 2710/17 of 15.12.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T271017.20201215
- Date of decision
- 15 December 2020
- Case number
- T 2710/17
- Petition for review of
- -
- Application number
- 12191349.5
- 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
- Cutting assembly
- Applicant name
- KENNAMETAL INC.
- Opponent name
- KARL-HEINZ ARNOLD GmbH
Sandvik Intellectual Property AB - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) (2007)European Patent Convention Art 52(1) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 25(2) (2020)Rules of procedure of the Boards of Appeal Art 25(3) (2020)
- Keywords
- Novelty - main request (no)
Amendments in an auxiliary request
Amendments - intermediate generalisation (yes)
Auxiliary requests not admitted because they could have been filed in the first instance proceedings (yes)
Amendment to appeal case - justification by party (yes)
Amendment to appeal case - amendment detrimental to procedural economy (no)
Amendment to appeal case - suitability of amendment to resolve issues raised (yes)
Inventive step - auxiliary request
Inventive step - (yes) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent in the following version:
Claims 1 to 12 of the auxiliary request 4 filed with the letter of 11 November 2020;
Figures and description as granted.