T 2391/18 of 19.04.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T239118.20230419
- Date of decision
- 19 April 2023
- Case number
- T 2391/18
- Petition for review of
- -
- Application number
- 06742598.3
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 084
- Application title
- EQUIPMENT FOR MEASUREMENT AND CONTROL OF LOAD MATERIAL OR SCRAP FEEDING INTO A FURNACE AND RELATIVE METHOD
- Applicant name
- Tenova S.p.A.
- Opponent name
- DANIELI & C.
OFFICINE MECCANICHE SpA - Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 115European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 80Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty - (yes)
Inventive step - (yes)
Grounds for opposition - subject-matter extends beyond content of earlier application (no)
Amendments - allowable (yes)
Observations by third parties - legal position of third party
Observations by third parties - relevant (no)
Observations by third parties - admissibility of a new document (no)
Amendment to appeal case - justification by party (no)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no)
Amendment after summons - cogent reasons (no) - Catchword
- On the application of Rule 80 EPC and the findings of the Enlarged Board of Appeal in G
3/14 in case of an alleged discrepancy between the description and a feature stemming from a granted claim, see point 4.
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 as amended in the following version.
Description:
Columns 1 to 7 received during oral proceedings before the Board of Appeal on 19 April 2023.
Claims:
No. 1 to 8 according to the third auxiliary request, filed on 5 April 2019 with the reply to the statement of grounds of appeal.
Drawings of the patent specification.