T 0705/18 of 06.10.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T070518.20221006
- Date of decision
- 6 October 2022
- Case number
- T 0705/18
- Petition for review of
- -
- Application number
- 10179733.0
- 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
- Injection device
- Applicant name
- Cilag GmbH International
- Opponent name
- EIP Limited
Sanofi-Aventis Deutschland GmbH - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Amendments - allowable (no)
Amendments - extension beyond the content of the application as filed (yes)
Late-filed evidence - submitted with the statement of grounds of appeal
Late-filed evidence - admitted (no)
Late-filed evidence - request could have been filed in first instance proceedings (yes)
Late-filed request - submitted with the statement of grounds of appeal
Late-filed request - admitted (yes)
Late-filed request - request could have been filed in first instance proceedings (no)
Inventive step - auxiliary request 3 (yes)
Inventive step - could-would approach - Catchword
- -
- Citing cases
- -
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 according to the following documents:
- claims 1 to 7 of the auxiliary request 3 as submitted with the reply to the statement of grounds of appeal,
- description page 2 as submitted during the oral proceedings and pages 3 to 5 of the patent specification, and
- figures 1 to 4 of the patent specification.