T 2352/19 of 11.07.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T235219.20230711
- Date of decision
- 11 July 2023
- Case number
- T 2352/19
- Petition for review of
- -
- Application number
- 05006795.8
- IPC class
- B62M 25/08
- 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 Art 13(2) RPBA 2020
- Application title
- Apparatus for adjusting a position of a bicycle control device
- Applicant name
- SHIMANO INC.
- Opponent name
- SRAM, LLC
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113European Patent Convention Art 54(3)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request 1 (no)
Late-filed auxiliary request 2 - admitted (no)
Exceptional circumstances without causality between a newly raised aspect and the Board's final conclusion (no) - Catchword
- If, as in the present case, no causality exists between a newly raised aspect and the final conclusion of the Board, the newly raised aspect does not qualify as an exceptional circumstance according to Article 13(2) RPBA 2020 that could justify taking a new request into account.
(Reasons 2.5.2) - Cited cases
- G 0009/91
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.