T 1807/19 of 18.03.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T180719.20210318
- Date of decision
- 18 March 2021
- Case number
- T 1807/19
- Petition for review of
- -
- Application number
- 08861079.5
- 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
- CIGARETTE FILTER, AND FILTER CIGARETTE
- Applicant name
- Japan Tobacco Inc.
- Opponent name
- Bungartz Christophersen Partnerschaft mbB Patentanwälte
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 123(1)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - lack of inventive step (yes)
Main request' - Amendment after summons - taken into account (no)
Auxiliary request I - Amendments convergent- taken into account (yes)
Auxiliary request I - Clarity and added subject-matter objections- Amendment after summons - taken into account (no)
Auxiliary request I - Inventive step objection - No amendment to apellant's appeal case
Auxiliary request I - lack of inventive step (no) - Catchword
- -
- Citing cases
- T 1656/17
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent in amended form on the basis of the claims of auxiliary request I as filed with the reply and a description to be adapted thereto.