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
- -
- Application number
- 12305973.5
- 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
- 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.