T 1731/19 of 05.09.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T173119.20230905
- Date of decision
- 5 September 2023
- Case number
- T 1731/19
- Petition for review of
- -
- Application number
- 13735101.1
- 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 Art 111(1)
- Application title
- Turbine airfoil apparatus and corresponding manufacturing method
- Applicant name
- General Electric Company
- Opponent name
- Raytheon Technologies Corporation
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 023Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - main request (no)
Reply to statement of grounds of appeal - reasons set out clearly and concisely (auxiliary requests 1-3
Reply to statement of grounds of appeal - no)
Amendments - extension beyond the content of the application as filed (auxiliary request 4
Amendments - yes) - Catchword
- There is no right of the parties to choose in which form the Board of Appeal should exercise its competences under Article 111(1) EPC. The Board is entitled to decide on the issue of admittance of auxiliary requests without being bound to the respondent's request for prioritisation of the request for remittal. (Reasons, points 8.2 to 8.4)
- Cited cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.