T 0659/19 of 24.11.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T065919.20211124
- Date of decision
- 24 November 2021
- Case number
- T 0659/19
- Petition for review of
- -
- Application number
- 11702582.5
- 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
- Container for foodstuff made from an aluminium-free planar composite with a covered hole as part of a closure system
- Applicant name
- SIG Technology AG
- Opponent name
- -
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 116(1)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention R 103(1)(a)European Patent Convention R 103(4)(c)Rules of procedure of the Boards of Appeal 2020 Art 012(8)
- Keywords
- Inventive step - main request and auxiliary requests 1 to 10 (no), auxiliary request 11 (yes)
Amendments - added subject-matter
Amendments - auxiliary request 1A (yes)
Amendments - auxiliary request 11 (no)
Reimbursement of appeal fee - substantial procedural violation (no)
Reimbursement of appeal fee - withdrawal of request for oral proceedings (yes) - Catchword
- -
- Cited cases
- G 0002/10
- 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 examining division with the order to grant a patent with the following claims and a description to be adapted thereto:
Claims:
No. 1-17 filed as the auxiliary request 11 with the statement of grounds of appeal.
3. The appeal fee is reimbursed at 25 %.