T 3241/19 of 05.12.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T324119.20231205
- Date of decision
- 5 December 2023
- Case number
- T 3241/19
- Petition for review of
- -
- Application number
- 16156803.5
- IPC class
- H05K 7/20
- 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
- ARRANGEMENT FOR SUBSEA COOLING OF POWER ELECTRONIC CELLS
- Applicant name
- ABB Schweiz AG
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Sufficiency of disclosure - main request (no)
Amendment after summons - third auxiliary request
Amendment after summons - taken into account (no)
Late-filed first auxiliary request - request could have been filed in first instance proceedings - admitted (no)
Inventive step - second auxiliary request
Inventive step - obvious alternative - Catchword
- If an applicant wishes to use the appeal to pursue a higher-ranking request which has not been granted, it must be aware of the risk that the board might refuse the application in toto, whereas the first instance had considered a lower-ranking auxiliary request to be grantable (see Reasons 5.3).
- Cited cases
- G 0010/93
- Citing cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.