T 0339/19 (Film for stand-up-pouches/DOW) of 29.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T033919.20220329
- Date of decision
- 29 March 2022
- Case number
- T 0339/19
- Petition for review of
- -
- Application number
- 14166395.5
- IPC class
- B32B 27/32B65D 75/00
- 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
- Single polymer film structures for use in stand-up-pouches
- Applicant name
- Dow Global Technologies LLC
- Opponent name
- Borealis AG
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113European Patent Convention Art 116European Patent Convention Art 117European Patent Convention Art 125European 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 2020 Art 013(2)
- Keywords
- Amendment after summons - exercise of discretion
Amendment after summons - taken into account (yes)
Inventive step - main request (yes)
Amendment to appeal case - amendment detrimental to procedural economy (no)
Amendment to appeal case - amendment overcomes issues raised (yes)
General principles - Catchword
- "Exceptional circumstances" in Rule 13(2) RPBA interpreted as those that compromise neither the procedural rights of the other party, nor procedural economy.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first
instance with the order to maintain the patent in
amended form on the basis of the claims filed as
auxiliary request 3 with letter dated
23 December 2021, and a description to be adapted
thereto.