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
- 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 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 87European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(3)Rules of procedure of the Boards of Appeal Art 12(4)
- 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