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)
- Download
- Decision in English
- 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.