T 2973/19 of 09.02.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T297319.20230209
- Date of decision
- 9 February 2023
- Case number
- T 2973/19
- Online on
- 2 May 2023
- Petition for review of
- -
- Application number
- 09715074.2
- 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
- REFRIGERATING APPARATUS
- Applicant name
- Daikin Industries, Ltd.
- Opponent name
- Mexichem Fluor S.A. de C.V.
The Chemours Company FC, LLC - Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 87European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 12(3)European Patent Convention R 80European Patent Convention Art 83
- Keywords
- Amendments - allowable (yes)
Priority - same invention (yes)
Novelty - multiple selection
Inventive step - non-obvious alternative
Late-filed facts - admitted (no)
Late-filed evidence - admitted (yes)
Sufficiency of disclosure - (yes)
Amendment occasioned by ground for opposition - (yes) - Catchword
- -
- Cited cases
- T 0279/89
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision 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 following documents:
pages 2 to 7 of the patent specification
claims 1 to 7 of the main request as filed with the letter dated 15 January 2020
Figures 1 to 3 of the patent specification