T 2818/19 of 23.01.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T281819.20230123
- Date of decision
- 23 January 2023
- Case number
- T 2818/19
- Petition for review of
- -
- Application number
- 12863238.7
- IPC class
- B07B 4/08F27D 15/02C04B 7/47
- 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
- BULK-MATERIAL COOLING DEVICE AND BULK-MATERIAL COOLING METHOD
- Applicant name
- Kawasaki Jukogyo Kabushiki Kaisha
- Opponent name
- thyssenkrupp Industrial Solutions AG
IKN GmbH Ingenieurbüro-Kühlerbau-Neustadt - Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Late-filed request - procedural economy
Late-filed request - admitted (yes)
Late-filed facts - request could have been filed in first instance proceedings (yes)
Late-filed facts - admitted (no)
Late-filed facts - submitted with the statement of grounds of appeal
Amendment after summons - exceptional circumstances (yes)
Amendment after summons - taken into account (yes)
Novelty - main request (yes)
Inventive step - common general knowledge
Inventive step - main request (yes)
Grounds for opposition - fresh ground for opposition (yes)
Amendments - extension beyond the content of the application as filed (no) - Catchword
- -
- Cited cases
- G 0010/91
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:
- Claims 1 to 3 according to the main request, filed as auxiliary request 1 new with the letter dated 31 August 2022,
- Description: pages 2 and 3 filed at the oral proceedings before the Board on 23 January 2023 and pages 4 to 10 of the patent specification,
- Figures 1 to 5 of the patent specification.