T 0121/20 of 11.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T012120.20220311
- Date of decision
- 11 March 2022
- Case number
- T 0121/20
- Petition for review of
- -
- Application number
- 13744143.2
- IPC class
- A61M 15/06A24F 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 CIGARETTE
- Applicant name
- Altria Client Services LLC
Li, San
Karles, George
Mishra, Munmaya K.
Kobal, Gerd
Oliveri, Douglas
Bajec, Martha
Flora, Jason - Opponent name
- JT International S.A.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendments - extension beyond the content of the application as filed (yes)
Remittal - special reasons for remittal
Remittal - (no)
Sufficiency of disclosure - (yes)
Amendment to case - reasons for submitting amendment in appeal proceedings (yes)
Amendment after summons - exceptional circumstances (no)
Inventive step - (yes)
Inventive step - ex post facto analysis - Catchword
- -
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 on the basis of auxiliary request 4, submitted as auxiliary request 3 with the reply to the statement of grounds of appeal, and a description to be adapted.