T 0555/18 (Shrink Film/Cryovac) of 14.09.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T055518.20220914
- Date of decision
- 14 September 2022
- Case number
- T 0555/18
- Petition for review of
- -
- Application number
- 08724899.3
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- SHRINK FILM CONTAINING SEMI-CRYSTALLINE POLYAMIDE, ARTICLES MADE THEREFROM, AND PROCESS FOR MAKING AND USING SAME
- Applicant name
- Cryovac, Inc.
- Opponent name
- isarpatent - Patentanwälte Behnisch Barth Charles
Hassa Peckmann und Partner mbB - Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Late-filed evidence - admitted (no)
Late-filed request - admitted (no)
Inventive step - (no)
Inventive step - obvious modification
Inventive step - Unusual parameter and burden of proof - Catchword
- If the only feature that distinguishes a claim from the closest prior art is a range of an unusual parameter and it is concluded that it would be obvious for the skilled person to solve the underlying technical problem in ways that can be presumed to inherently lead to values within or close to the claimed range, it is the proprietor who should bear the burden of proof to demonstrate that implementing such solutions would not lead to the claimed parametrical range.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.