T 1648/18 of 09.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T164818.20230309
- Date of decision
- 9 March 2023
- Case number
- T 1648/18
- Petition for review of
- -
- Application number
- 12703836.2
- 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
- AUTO-INJECTOR
- Applicant name
- SANOFI
- Opponent name
- OWEN MUMFORD LIMITED
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 025(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request (yes)
Inventive step - auxiliary request (yes)
Sufficiency of disclosure - (yes)
Amendments - extension beyond the content of the application as filed (no)
Late-filed auxiliary request - submitted with the statement of grounds of appeal
Late-filed auxiliary request - request clearly allowable (yes)
Late-filed auxiliary request - procedural economy not negatively affected
Late-filed auxiliary request - admitted (yes)
Appeal decision - remittal to the department of first instance for further prosecution (no) - Catchword
- -
- Citing cases
- T 0439/22
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 according to the set of claims of the auxiliary request 1 filed with the statement of grounds of appeal and a description to be adapted.