T 0755/19 of 14.06.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T075519.20220614
- Date of decision
- 14 June 2022
- Case number
- T 0755/19
- Petition for review of
- -
- Application number
- 13708240.0
- IPC class
- F27D 99/00C21D 9/00
- 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
- SUPPORT DEVICE FOR RADIANT TUBES
- Applicant name
- Bisson, Massimiliano
- Opponent name
- NICRO S.p.A.
- Board
- 3.2.03
- 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)
Novelty - common general knowledge
Novelty - implicit disclosure (no)
Inventive step - (yes)
Inventive step - non-obvious alternative
Inventive step - common general knowledge
Late-filed evidence - submitted with the statement of grounds of appeal
Late-filed evidence - request could have been filed in first instance proceedings (yes)
Late-filed evidence - admitted (no)
Late-filed facts - submitted during oral proceedings
Late-filed auxiliary requests
Amendment after summons - exceptional circumstances - Catchword
- -
- Cited cases
- G 0003/14
- 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 as amended in the following version:
Description:
Pages 2 to 6 and 8 of the patent specification
Page 7 received during oral proceedings of 14 June 2022
Claims:
1 to 14 according to auxiliary request 1B filed with the letter of 29 April 2022
Drawings:
Figures 1 to 13 of the patent specification