European Patent Office

T 1174/20 of 13.07.2023

European Case Law Identifier
ECLI:EP:BA:2023:T117420.20230713
Date of decision
13 July 2023
Case number
T 1174/20
Petition for review of
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Application number
13425096.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
System and method for cutting to length long rolled products coming from different strands of a rolling mill
Applicant name
POMINI Long Rolling Mills S.r.l.
Opponent name
Danieli & C. Officine Meccaniche S.p.A.
Board
3.2.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Novelty - after amendment
Novelty - common general knowledge
Novelty - main request (no)
Novelty - auxiliary request (yes)
Inventive step - auxiliary request (yes)
Inventive step - non-obvious solution
Amendment after summons - further evidence
Amendment after summons - taken into account (no)
Amendment after summons - request with deleted claims
Amendment after summons - taken into account (yes)
Catchword
-
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:

- claims 1-10 of auxiliary request 1A, which was

submitted with the letter dated 6 October 2022;

- description columns 1 to 6, which was submitted

during the oral proceedings before the Board; and

- drawings, Figures 1 to 3 of the patent

specification.