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
- 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 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 80Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- 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.