T 1595/18 of 12.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T159518.20211012
- Date of decision
- 12 October 2021
- Case number
- T 1595/18
- Online on
- 17 November 2021
- Petition for review of
- -
- Application number
- 11820510.3
- IPC class
- A61M 15/06A24F 47/00
- 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
- -
- Application title
- INHALATION DEVICE INCLUDING SUBSTANCE USAGE CONTROLS
- Applicant name
- JT International S.A.
- Opponent name
- Philip Morris Products S.A.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 113(1) (2007)European Patent Convention Art 111(1) (2007)European Patent Convention R 103(1)(a) (2007)Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Novelty - main request (no)
Right to be heard - substantial procedural violation (yes)
Appeal decision - remittal to the department of first instance (yes)
Reimbursement of appeal fee - (yes)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation
Reimbursement of appeal fee - opportunity to comment (no) - Catchword
- -
- Cited cases
- -
- 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 for further prosecution.
3. The request of the appellant 2 (opponent) for reimbursement of the appeal fee is allowed.