T 0996/20 of 02.11.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T099620.20221102
- Date of decision
- 2 November 2022
- Case number
- T 0996/20
- Online on
- 3 January 2023
- Petition for review of
- -
- Application number
- 14721006.6
- IPC class
- B66F 9/075B66C 23/80B66F 9/065
- 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
- A LIFT TRUCK EQUIPPED WITH STABILIZER MEANS
- Applicant name
- Magni Real Estate S.r.l.
- Opponent name
- Manitou Italia S.r.l.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83European Patent Convention Art 84European Patent Convention Art 123(2)European Patent Convention Art 123(3)Rules of procedure of the Boards of Appeal 2020 Art 013(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention R 80Rules of procedure of the Boards of Appeal 2020 Art 012(4)
- Keywords
- Sufficiency of disclosure - clarity of disclosure
Sufficiency of disclosure - (yes)
Sufficiency of disclosure - support by the description (yes)
Claims - clarity (yes)
Claims - support in the description (yes)
Amendments - extension beyond the content of the application as filed (yes)
Amendments - added subject-matter (no)
Novelty and inventive step
Novelty - (yes)
Amendment after summons - exceptional circumstances (yes)
Amendment after summons - taken into account (yes)
Amendment occasioned by ground for opposition - (yes)
Amendment to case - admissibly raised and maintained (yes) - Catchword
- -
- Cited cases
- T 1149/97
- Citing cases
- -
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:
- Description:
Pages 2,3 of the patent specification
- Claims:
No. 1 to 3 according to the first auxiliary request filed during the oral proceedings
- Drawings: of the patent specification.