T 1165/19 (Multiphase filter/Holingsworth) of 27.09.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T116519.20210927
- Date of decision
- 27 September 2021
- Case number
- T 1165/19
- Petition for review of
- -
- Application number
- 09752519.0
- IPC class
- B01D 39/16
- 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
- MULTI-PHASE FILTER MEDIUM
- Applicant name
- HOLLINGSWORTH & VOSE COMPANY
- Opponent name
- Ahlstrom Filtration LLC
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 83 (2007)European Patent Convention Art 84 (2007)European Patent Convention R 139 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Late-filed evidence - submitted with the statement of grounds of appeal
Amendment after summons - exceptional circumstances (no)
Amendments - allowable (yes)
Sufficiency of disclosure - (yes)
Claims - lack of clarity no ground for opposition
Novelty - public prior use
Novelty - burden of proof
Correction of error - (yes)
Correction of error - immediately evident that nothing else could have been intended (no) - 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 for further prosecution.