European Patent Office

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
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Application number
06828984.2
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
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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)
Citing cases
T 2623/19T 0439/22

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.