T 0500/20 of 18.01.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T050020.20230118
- Date of decision
- 18 January 2023
- Case number
- T 0500/20
- Petition for review of
- -
- Application number
- 08853575.2
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 083
- Application title
- A WIND TURBINE, A METHOD FOR CONTROLLING A WIND TURBINE AND USE THEREOF
- Applicant name
- Vestas Wind Systems A/S
- Opponent name
- ENERCON GmbH
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
- Keywords
- Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - lack of patentability (no)
Late-filed evidence - admitted in first-instance proceedings (no)
Late-filed evidence - error in use of discretion at first instance (no) - Catchword
- Reasons 3.6. In claimed inventions that do not involve a range of parameter values or compositions but are directed at a concept expressed in terms of generic structural or functional features of an apparatus or of a method, it is not enough to demonstrate insufficiency to conceive of an example that falls within the terms of the claim that does not work because it does not achieve the claimed effect fully or at all so that therefore the invention would not be sufficiently disclosed across the entire breadth of the claim
- Cited cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.