T 2017/18 of 20.01.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T201718.20220120
- Date of decision
- 20 January 2022
- Case number
- T 2017/18
- Online on
- 4 March 2022
- Petition for review of
- -
- Application number
- 12812186.0
- 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
- AN AEROSOL GENERATING DEVICE HAVING AN INTERNAL HEATER
- Applicant name
- Philip Morris Products S.A.
- Opponent name
- JT International S.A.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84European Patent Convention Art 54Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Claims - clarity
Claims - main request (yes)
Novelty - main request (yes)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no)
Amendment after summons - cogent reasons (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 Opposition Division with the order to maintain the patent in amended form in the following version:
- Claims 1-13 of the main request filed with the statement of grounds of appeal,
- Description pages 2-10 as filed during the oral proceedings before the Board with amended paragraphs 5, 7, 11, 23 and 24 as filed during the oral proceedings before the Board,
- Figures 1-4 of the patent specification.