T 2781/17 of 02.02.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T278117.20210202
- Date of decision
- 2 February 2021
- Case number
- T 2781/17
- Petition for review of
- -
- Application number
- 11305763.2
- 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
- Turbocharger, notably for a combustion engine
- Applicant name
- Aktiebolaget SKF
- Opponent name
- BorgWarner, Inc.
- Board
- 3.2.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 123(3) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)European Patent Convention Art 84 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Novelty - main request (no)
Inventive step - auxiliary request (yes)
Claims - clarity
Claims - auxiliary request (yes)
Amendments - allowable (yes)
Late-filed request - submitted with the statement of grounds of appeal
Late-filed evidence - submitted shortly before oral proceedings - 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 opposition division with the order to maintain the patent on the basis of the following documents:
- Claims 1 to 9 of auxiliary request 1 filed with letter of 28 June 2018,
- Description as granted,
- Drawings 1 to 4 as granted.