T 1436/19 of 24.05.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T143619.20220524
- Date of decision
- 24 May 2022
- Case number
- T 1436/19
- Petition for review of
- -
- Application number
- 11746995.7
- IPC class
- B23K 9/095B23K 9/10B23K 9/073
- 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
- ALTERNATING-CURRENT WELDING METHOD AND ALTERNATING-CURRENT WELDING DEVICE
- Applicant name
- Panasonic Intellectual Property Management Co., Ltd.
- Opponent name
- Fronius International GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 139Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendment after summons - reordering of the requests
Amendment after summons - taken into account (no)
Amendment after summons - late filed objections
Amendment after summons - taken into account (no)
Amendment after summons - reintroduction of a request previously withdrawn
Amendment after summons - taken into account (no)
Correction of error - immediately evident that nothing else could have been intended (yes)
Primary object of appeal proceedings to review decision - appeal case directed to requests on which decision was based (no)
Amendments auxiliary requests 1 to 3
Amendments - allowable (no) auxiliary request 4
Amendments - allowable (yes)
Sufficiency of disclosure - auxiliary request 4 -(yes)
Auxiliary request 4 - clarity (yes)
Remittal to the department of first instance
Remittal - (yes) - Catchword
- -
- Cited 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.