European Patent Office

T 0494/18 (Manufacturing a multi-ply tissue paper/SCA Tissue France) of 15.10.2021

European Case Law Identifier
ECLI:EP:BA:2021:T049418.20211015
Date of decision
15 October 2021
Case number
T 0494/18
Petition for review of
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Application number
12305973.5
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Multi-ply tissue paper product and method for manufacturing the same
Applicant name
SCA TISSUE FRANCE
Opponent name
Kimberly-Clark Worldwide, Inc.
Board
3.3.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 123European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 025Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Late-filed auxiliary request 8 filed during the oral proceedings before the Board - admittance (yes) - formally allowable (yes) - inventive step (yes)
Catchword
A request in which some claims have been deleted compared to the requests that were filed previously with the grounds of appeal or the reply is, according to the systematic context of Article 12(3) RPBA 2020 and Article 13 RPBA 2020, a new request and thus usually amounts to an "amendment to the party's appeal case".

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 in amended form

based on the claims of auxiliary request 8

filed during the oral proceedings on 15 October 2021

and a description to be adapted where appropriate.