T 0353/18 of 11.11.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T035318.20201111
- Date of decision
- 11 November 2020
- Case number
- T 0353/18
- Petition for review of
- -
- Application number
- 06828984.2
- 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
- BADGE- AND BPA-FREE CAN COATING
- Applicant name
- Henkel IP & Holding GmbH
- Opponent name
- The Valspar Corporation
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b) (2007)European Patent Convention Art 111(1) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Amendments - allowable (auxiliary requests 1 and 2: no)
Grounds for opposition - insufficiency of disclosure (no)
Novelty - (yes)
Amendment after summons - exceptional circumstances (no
Amendment after summons - auxiliary request 1a not admitted)
Remittal - special reasons for remittal - Catchword
- Discrepancies between the clean and the annotated versions of a request: no provision in the EPC establishing any legal primacy of the clean version over the annotated version; special reasons justifying a remittal (reasons: section 8)
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 for further prosecution.