T 1001/18 of 10.10.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T100118.20221010
- Date of decision
- 10 October 2022
- Case number
- T 1001/18
- Petition for review of
- -
- Application number
- 06014187.6
- IPC class
- G07D 1/00
- 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
- Abstract on EPC2000 Art 056
- Application title
- Coin token assembly, method and device for dispensing coin tokens
- Applicant name
- Dutchband B.V.
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Inventive step - (yes)
Inventive step - problem and solution approach
Inventive step - after amendment
Inventive step - closest prior art
Inventive step - problem invention (yes)
Amendment after expiry of period in R. 100(2) EPC communication - exceptional circumstances (yes) - exercise of discretion - cogent reasons (yes) - Catchword
- Since the problem and solution approach defines the problem based on the effect of the differences from the closest prior art, and the effect is derived primarily from the disclosure of the invention, the effect documented in the present documents alone is taken as the basis for the problem formulation. The Board concluded that any further, undocumented effects would be speculative and should not be additionally included in the problem formulation (reasons 5.3.2)
- Cited cases
- T 0495/91
- 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 department of first instance with the order to grant a patent on the basis of the following documents:
Claims:|1 to 13 of the Main Request, submitted by the Appellant at 12h15 during the oral proceedings;|
Description:|pages 1 to 12, submitted by the Appellant at 12h15 during the oral proceedings; |
Drawing sheets:|1/8 to 8/8, as originally filed. |