T 2396/19 of 30.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T239619.20220330
- Date of decision
- 30 March 2022
- Case number
- T 2396/19
- Petition for review of
- -
- Application number
- 13167354.3
- 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
- Rotary actuated high lift gapped aileron
- Applicant name
- The Boeing Company
- Opponent name
- AIRBUS Operations GmbH/AIRBUS Operations S.A.S./
AIRBUS S.A.S./AIRBUS Operations Ltd./
AIRBUS Operations S.L. - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention R 115(2)Rules of procedure of the Boards of Appeal 2020 Art 015(3)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - first auxiliary request (yes)
Late-filed evidence - admitted (yes)
Inventive step - first auxiliary request (no)
Main and auxiliary requests 2 to 8 - rejected as inadmissible- change of status of the patentee following withdrawal of their appeal
Oral proceedings - held in absence of party
Right to be heard - respected (yes) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The patent is revoked.