European Patent Office

T 2288/18 of 03.09.2020

European Case Law Identifier
ECLI:EP:BA:2020:T228818.20200903
Date of decision
3 September 2020
Case number
T 2288/18
Petition for review of
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Application number
10797532.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
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Application title
PERFORMANCE AND POSITION MONITORING OF A MOBILE HVAC&R UNIT
Applicant name
Carrier Corporation
Opponent name
Lumikko Technologies Oy
Schmitz Cargobull AG
Board
3.2.01
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)
Keywords
Late-filed request - request could have been filed in first instance proceedings (no)
Amendments - extension beyond the content of the application as filed (no)
Novelty - (yes)
Inventive step - (yes)
Catchword
-
Cited cases
-
Citing cases
T 1958/19

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 with the order to maintain the patent on the basis of the following documents:

- Claims 1-14 of the main request (third auxiliary request as filed with the statement setting out the grounds of appeal),

- Description columns 1-5 as filed during oral proceedings,

- Figures of the patent specification.