T 0598/20 (Estimating amount of adsorber/HITACHI) of 21.12.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T059820.20231221
- Date of decision
- 21 December 2023
- Case number
- T 0598/20
- Petition for review of
- -
- Application number
- 14798807.5
- IPC class
- H01H 33/56H01B 3/56H02B 13/055
- 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
- Water and Contamination Adsorber for CO2 Insulated Electrical Apparatus for the Generation, Transmission, Distribution and/or Usage of Electrical Energy
- Applicant name
- Hitachi Energy Ltd
- Opponent name
- Siemens Aktiengesellschaft
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(2)(c)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(1)(a)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Inventive step - (no)
Inventive step - main request, and auxiliary requests 1, 3 to 12, 14
Exclusion from patentability - method for performing mental acts (yes) - auxiliary request 13
Amendment after summons - exceptional circumstances (no)
Amendment after summons - auxiliary requests 6.2, 8.2 and 12.2
Late-filed request - auxiliary requests 2 and 15
Late-filed request - admitted (no) - Catchword
- The deletion of claims is not excluded from the scope of the term "amendment" in Article 13 RPBA 2020.
The impact of a particular change to the appeal case on procedural economy is not a criterion for deciding whether that change is an "amendment" within the meaning of Article 13 RPBA 2020. Rather, the impact on procedural economy is a criterion when a board, at the next step of the assessment, exercises its discretion to decide whether a change that has already been qualified as an "amendment" is to be taken into account.
See reasons 7. - Citing cases
- T 1800/21
Order
For these reasons it is decided that:
The appeal is dismissed.