T 0312/19 of 05.03.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T031219.20210305
- Date of decision
- 5 March 2021
- Case number
- T 0312/19
- Petition for review of
- -
- Application number
- 13198135.9
- IPC class
- B62L 3/02B62M 25/04
- 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
- Bicycle control device
- Applicant name
- SHIMANO INC.
- Opponent name
- SRAM, LLC
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) (2007)European Patent Convention Art 100(b) (2007)European Patent Convention Art 100(c) (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Grounds for opposition - subject-matter extends beyond content of earlier application (no)
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - novelty as fresh ground for opposition
Grounds for opposition - approval by patent proprietor (no)
Inventive step - main request and auxiliary request 2 (no)
Inventive step - auxiliary request 6 (yes)
Amendment after summons - auxiliary request 6bis
Amendment after summons - cogent reasons (no)
Late-filed evidence - admitted (no) - Catchword
- -
- Cited cases
- G 0007/95
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 10 according to auxiliary request 6, submitted with the reply to the statement of grounds of appeal;
- Description columns 1-2 and 7-26 of the patent as granted and description columns 3-6 as submitted during the oral proceedings;
- Figures 1 to 17 as granted.