T 1906/19 (Broadband multi-strip patch antenna / Shure) of 31.05.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T190619.20230531
- Date of decision
- 31 May 2023
- Case number
- T 1906/19
- Petition for review of
- -
- Application number
- 13748159.4
- 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
- Abstract on Art 13(2) RPBA 2020
- Application title
- BROADBAND MULTI-STRIP PATCH ANTENNA
- Applicant name
- Shure Acquisition Holdings, Inc.
- Opponent name
- -
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013
- Keywords
- Admission - final new request of claims (yes)
Amendments - allowable (yes)
Inventive step - (yes) - Catchword
- The Board understands [the wording of Article 13(2) RPBA 2020] as laying down a basic rule but leaving some limited leeway for exceptions. The basic rule is that amendments are not considered unless there are exceptional circumstances justified by cogent reasons (by the submitting party). The leeway for deviating from this rule lies in the expression "in principle" ("en principe"; "grundsätzlich"), which the Board reads roughly as "as a rule", meaning that the provision's basic rule is not entirely without exception. This leeway, when applied, means that an amendment can be considered despite the absence of exceptional circumstances justified by cogent reasons.
- Cited cases
- T 1294/16
Order
For these reasons it is decided that:
34. The decision under appeal is set aside.
35. The case is remitted to the Examining Division with the order to grant a patent with the text of
- the final new request of claims, 1 - 15, filed at oral proceedings before the Board (at 11:27);
- the amended description pages 1 - 14, clean version, filed at oral proceedings before the Board (at 12:27);
- drawing pages 1/16 - 16/16 as published.