T 0479/20 of 17.02.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T047920.20220217
- Date of decision
- 17 February 2022
- Case number
- T 0479/20
- Petition for review of
- -
- Application number
- 13773257.4
- IPC class
- B65B 31/02
- 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
- APPARATUS WITH FACING BELL MEMBERS, FOR MODIFIED ATMOSPHERE PACKAGING OF PRODUCTS PLACED IN TRAYS
- Applicant name
- Gruppo Fabbri Vignola S.p.A.
- Opponent name
- MULTIVAC Sepp Haggenmüller SE & Co. KG
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 123(2)European Patent Convention Art 54(3)European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Grounds for opposition - lack of patentability (yes)
Novelty - (no)
Amendment after summons - cogent reasons (no)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no)
Sufficiency of disclosure - (yes)
Amendments - added subject-matter (no) - Catchword
- -
- Citing cases
- T 1853/22
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 in the following version:
Claims:
1 to 9 according to auxiliary request 1 filed with
letter dated 5 August 2020,
Description, pages:
2 received during oral proceedings of
17 February 2022,
3-6 of the patent specification,
Drawings, figures:
1 to 7 of the patent specification.