T 1038/18 of 05.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T103818.20211005
- Date of decision
- 5 October 2021
- Case number
- T 1038/18
- Petition for review of
- -
- Application number
- 11705996.4
- 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
- MOIRE MAGNIFICATION DEVICE
- Applicant name
- De La Rue International Limited
- Opponent name
- Giesecke+Devrient Currency Technology GmbH
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) (2007)European Patent Convention Art 54(1) (2007)European Patent Convention Art 54(2) (2007)European Patent Convention Art 54(3) (2007)European Patent Convention Art 56 (2007)European Patent Convention Art 83 (2007)European Patent Convention Art 87(1) (2007)European Patent Convention R 103(1)(a) (2007)European Patent Convention R 111(2) (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Novelty (main and first to third auxiliary requests: yes)
Admission of amendment to appellant's case after notification of the summons (yes)
Addition to appellant's case in reply to respondent's reply to the grounds of appeal - Amendment to appellant's case within the meaning of Article 13(2) RPBA 2020 (no)
Entitlement to priority (no)
Inventive step (main, first and second auxiliary requests: no; third auxiliary request: yes)
New ground for opposition: no patent proprietor's consent
Sufficiency of disclosure (yes)
Substantial procedural violation and reimbursement of the appeal fee (no) - 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 as amended in the following version:
- Claims: No. 1 to 17 according to auxiliary request 3 filed with the letter dated 19 August 2021.
- Description: Pages 1 to 22 according to auxiliary request 3 filed with the letter dated 19 August 2021.
- Figures: Sheets 16 to 33 of the patent specification.