European Patent Office

T 1814/18 of 14.12.2022

European Case Law Identifier
ECLI:EP:BA:2022:T181418.20221214
Date of decision
14 December 2022
Case number
T 1814/18
Petition for review of
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Application number
11157856.3
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Gripping head for a robot or manipulator of a cartoning machine
Applicant name
Cama1 S.p.A.
Opponent name
I.M.A. INDUSTRIA MACCHINE AUTOMATICHE SpA
Board
3.2.07
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1)European Patent Convention Art 112(1)(a)European Patent Convention Art 117(1)(e)European Patent Convention Art 54(2)European Patent Convention R 117Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Novelty - main request (no)
Novelty - auxiliary request (no)
Novelty - public prior use
Novelty - implicit obligation to maintain secrecy (no)
Remittal to the department of first instance
Remittal - (no)
Taking of evidence - decision on taking of evidence
Taking of evidence - expert opinion
Referral to the Enlarged Board of Appeal - (no)
Reply to statement of grounds of appeal - party's complete appeal case
Late-filed argument - amendments after arrangement of oral proceedings
Catchword
-
Cited cases
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Citing cases
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Order

For these reasons it is decided that:

1. The appeal of the patent proprietor is dismissed.

2. The request for a referral of a question to the Enlarged Board of Appeal is refused.

3. The request to commission an independent expert on Italian law (Article 117(1)(e) EPC) is refused.

4. The decision under appeal is set aside.

5. The patent is revoked.