T 2432/19 of 25.04.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T243219.20230425
- Date of decision
- 25 April 2023
- Case number
- T 2432/19
- Petition for review of
- -
- Application number
- 09156501.0
- IPC class
- A61F 13/49
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 116
- Application title
- Disposable diaper
- Applicant name
- UNI-CHARM CO., LTD.
- Opponent name
- Essity Hygiene and Health Aktiebolag
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 023Rules of procedure of the Boards of Appeal 2020 Art 15a(1)
- Keywords
- Right to oral proceedings in form of a videoconference (no)
Amendments - main request and auxiliary requests 1 to 4
Amendments - added subject-matter (yes)
Late-filed auxiliary requests 5 to 8
Late-filed auxiliary requests - procedural economy (no) - Catchword
- 1. Although the order of G 1/21 refers to an emergency situation, it follows from the ratio decidendi of this decision that in-person oral proceedings can only be denied under very limited conditions, even in a situation of general emergency such as a pandemic.
2. Due to the fact that videoconferences, at least with current technology, can only provide a suboptimal form of communication, parties have a right to the optimum format for oral proceedings, i.e. in-person oral proceedings, that can only be denied under very limited conditions.
3. Further, e contrario it also follows from the reasons underlying the Enlarged Board's decision, that parties cannot force Boards to conduct videoconferences instead of in-person oral proceedings.
Order
For these reasons it is decided that:
The appeal is dismissed.