T 0758/20 of 23.11.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T075820.20221123
- Date of decision
- 23 November 2022
- Case number
- T 0758/20
- Petition for review of
- -
- Application number
- 13741981.8
- 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 116
- Application title
- ROTARY CONVEYOR DRUM FOR USE IN TOBACCO INDUSTRY MACHINES, METHOD AND APPARATUS FOR TRANSPORTING ROD-LIKE ELEMENTS USING SUCH DRUM AND MACHINE FOR MANUFACTURING MULTI-ELEMENT RODS
- Applicant name
- International Tobacco Machinery Poland Sp. z o.o.
- Opponent name
- G.D Società per Azioni
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 15a(1)
- Keywords
- Oral proceedings - before board of appeal
Oral proceedings - format by videoconference
Amendments - allowable (no)
Novelty - auxiliary request (yes)
Inventive step - auxiliary request (yes) - Catchword
- Decision G 1/21 cannot be read as restricting the possibility of summoning for oral proceedings by videoconference contrary to the will of one of the parties only in the case of a general emergency. G 1/21 does not exclude that there are other circumstances specific to a case that justify the decision not to hold the oral proceedings in person.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent in amended form on the basis of the following:
Description:
Columns 1-10 filed during oral proceedings by email at 15:16 (annex 5).
Claims:
No 1-24 of the auxiliary request 4, as filed with the reply to the statement of grounds of appeal, dated 27 October 2020.
Drawings:
Fig. 1 - 16b of the patent as granted.