T 1408/19 of 04.07.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T140819.20230704
- Date of decision
- 4 July 2023
- Case number
- T 1408/19
- Petition for review of
- -
- Application number
- 11162291.6
- IPC class
- H01J 37/28H01J 37/244
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 R 076
- Application title
- Arrangement and method for the contrast improvement in a charged particle beam device for inspecting a specimen
- Applicant name
- ICT Integrated Circuit Testing Gesellschaft für Halbleiterprüftechnik mbH
- Opponent name
- Carl Zeiss Microscopy GmbH
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 56European Patent Convention R 76(2)(c)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admissibility of appeal - (yes)
Admissibility of appeal - admission of the line of attack forming the basis of the appeal is not a legal requirement for the admissibility of appeal
Late-filed facts - no reason not to admit new line of attack
Admissibility of opposition - (yes)
Admissibility of opposition - corrigible erroneous reference
Inventive step - (yes) - Catchword
- On the admissibility of an opposition in case the publication data of a piece of evidence is erroneous in the notice of opposition (Reasons, point 2)
Rule 76(2)(c) EPC merely requires an indication of the facts and evidence presented in support of the argued grounds for opposition, but not necessarily every piece of evidence need already be presented along with the notice of opposition. For an admissible opposition it is normally sufficient that the indications given in the notice of opposition permit the substantive content of the offered evidence to be established only at a later stage, provided that this substantive content can be established without undue effort and still within a reasonable time. (Reasons, point 2.5.1) - Citing cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.