T 2888/18 of 24.06.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T288818.20220624
- Date of decision
- 24 June 2022
- Case number
- T 2888/18
- Petition for review of
- -
- Application number
- 14167293.1
- IPC class
- F16H 61/475B66F 9/22
- 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
- Industrial vehicle and method for controlling industrial vehicle
- Applicant name
- KABUSHIKI KAISHA TOYOTA JIDOSHOKKI
- Opponent name
- Linde Material Handling GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Amendments - added subject-matter
Amendments - main request (yes)
Amendments - auxiliary request 1 (no)
Admission into proceedings - auxiliary request 1 (yes)
Claims - clarity
Claims - auxiliary request 1 (yes)
Novelty - auxiliary request (yes)
Inventive step - auxiliary request (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 in the following version:
Description:
Pages: 4 to 7 of the patent specification and pages 2, 3 and 8 as filed during the oral proceedings before the opposition division on 14 June 2018.
Claims:
No. 1 to 6 according to the auxiliary request 1 filed with the reply to the statement of grounds of appeal dated 5 July 2019.
Drawing sheets 1/5 to 5/5 of the patent specification.