European Patent Office

T 1841/18 of 14.12.2022

European Case Law Identifier
ECLI:EP:BA:2022:T184118.20221214
Date of decision
14 December 2022
Case number
T 1841/18
Petition for review of
-
Application number
11158426.4
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
Machine and method for cartoning articles
Applicant name
CAMA 1 SpA
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 - public prior use
Novelty - implicit obligation to maintain secrecy (no)
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 request to refer a question to the Enlarged Board of Appeal is refused.

2. The request for taking evidence according to Article 117(1)(e) EPC is refused.

3. The decision under appeal is set aside.

4. The patent is revoked.