T 2833/19 of 10.11.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T283319.20231110
- Date of decision
- 10 November 2023
- Case number
- T 2833/19
- Petition for review of
- -
- Application number
- 05707326.4
- 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
- -
- Application title
- SOUND ABSORBING STRUCTURES
- Applicant name
- ROCKWOOL A/S
- Opponent name
- Armstrong World Industries, Inc.
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European 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(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Statement of grounds of appeal - party's complete case
Late-filed request - submitted with the statement of grounds of appeal
Late-filed request - admitted (yes)
Late-filed request - request could have been filed in first instance proceedings (no)
Late-filed auxiliary requests
Amendment after summons - new argument
Inventive step - main request (no)
Inventive step - auxiliary request (yes)
Inventive step - non-obvious solution - Catchword
- -
- 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:
Description:
Paragraphs 1 to 10, 13, 17 to 42, 44 to 55 of the patent specification; paragraphs 11, 12, 14, 15, 16 and 43 filed during the oral proceedings before the Board
Claims:
1 to 11 of the third auxiliary request submitted with the letter dated 6 November 2023