T 2055/20 of 15.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T205520.20230315
- Date of decision
- 15 March 2023
- Case number
- T 2055/20
- Petition for review of
- -
- Application number
- 11752232.6
- 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
- METHOD OF MANUFACTURING A THREE-DIMENSIONAL OBJECT HAVING AN INTERNAL STRUCTURE
- Applicant name
- EOS GmbH Electro Optical Systems
- Opponent name
- ARCAM AB
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)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
- Novelty - (yes)
Late-filed request - error in use of discretion at first instance (yes)
Amendment after summons - exceptional circumstances (no) - 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 to 12 according to auxiliary request 1 filed with the statement setting out the grounds of appeal;
Description as filed during the oral proceedings before the Board;
Figures 1 to 6 of the patent specification.