European Patent Office

T 2604/18 of 01.12.2022

European Case Law Identifier
ECLI:EP:BA:2022:T260418.20221201
Date of decision
1 December 2022
Case number
T 2604/18
Petition for review of
-
Application number
13004859.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Electromechanical shifting systems and method
Applicant name
SRAM, LLC.
Opponent name
SHIMANO INC.
Board
3.2.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Novelty - (yes)
Inventive step - (yes)
Amendment after summons - taken into account (yes)
Late-filed objection - admitted in first-instance proceedings (no)
Late-filed objection - error in use of discretion at first instance (no)
Late-filed objection - admitted (no)
Catchword
-

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 according to claims 1 to 4 of the new main request filed with the letter dated 11 November 2022 - previously labelled auxiliary request VI -, and a description to be adapted accordingly.