T 2499/18 of 24.02.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T249918.20220224
- Date of decision
- 24 February 2022
- Case number
- T 2499/18
- Petition for review of
- -
- Application number
- 06710171.7
- IPC class
- C23F 13/16E04C 5/01C23F 13/02
- 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
- TREATMENT PROCESS FOR CONCRETE
- Applicant name
- Glass, Gareth
Roberts, Adrian
Davison, Nigel - Opponent name
- Soletanche Freyssinet S.A.S.
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention R 103(1)(a)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Grounds for opposition - added subject-matter (yes)
Novelty - multiple selection (no)
Inventive step - non-obvious modification
Inventive step - (yes)
Amendment to appeal case - exercise of discretion
Amendment to appeal case - amendment gives rise to new objections (no)
Amendment to appeal case - amendment detrimental to procedural economy (no)
Amendment to appeal case - amendment overcomes issues raised (yes)
Amendment after summons - taken into account (yes)
Amendment after summons - exceptional circumstances (yes)
Substantial procedural violation - appealed decision sufficiently reasoned (no)
Reimbursement of appeal fee - (yes) - Catchword
- -
- 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 on the basis of the following documents:
- claims 1 to 20 of auxiliary request 19
- description paragraphs 1 to 18 and 20 to 84 as filed during the oral proceedings and annexed to the minutes, and
- Figures 1 to 7 of the patent specification.
3. The opponent's appeal fee is to be reimbursed.