T 1168/18 of 08.04.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T116818.20220408
- Date of decision
- 8 April 2022
- Case number
- T 1168/18
- Petition for review of
- -
- Application number
- 12175918.7
- IPC class
- A24C 5/47
- 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
- Filter-tipped cigarette rolling device and method
- Applicant name
- G.D S.p.A.
- Opponent name
- Hauni Maschinenbau GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - main request (no)
Not substantiated auxiliary request - not to be taken into account
Inventive step - auxiliary request 5 (yes)
Late-filed facts - submitted with the statement of grounds of appeal
Claims - lack of support by the description no ground for opposition - Catchword
- -
- Citing cases
- T 0697/22
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 on the basis of the:
- sole claim of the 5th auxiliary request as submitted with the reply to the statement of grounds of appeal,
- description pages 2 to 6 as submitted during the oral proceedings and
- figures 1 to 4 as granted.