T 2880/19 of 06.04.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T288019.20220406
- Date of decision
- 6 April 2022
- Case number
- T 2880/19
- Online on
- 18 May 2022
- Petition for review of
- -
- Application number
- 13736592.0
- IPC class
- A24F 47/00
- 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
- ELECTRONIC VAPOUR PROVISION DEVICE
- Applicant name
- Nicoventures Trading Limited
- Opponent name
- JT International S.A.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 123(2)European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - main request, auxiliary request 1 (no)
Sufficiency of disclosure - (yes)
Late-filed evidence - submitted with the statement of grounds of appeal
Late-filed evidence - admitted (yes)
Late-filed facts - submitted with the statement of grounds of appeal
Late-filed facts - admitted (no)
Late-filed facts - objection could have been raised in first instance proceedings (yes)
Inventive step - auxiliary request 2 (no)
Inventive step - obvious combination of known features
Amendments - intermediate generalisation
Amendments - auxiliary request 5 (yes) - Catchword
- -
- Cited cases
- -
- 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 on the basis of the claims of auxiliary request 6 filed with the statement of grounds of appeal and a description to be adapted.