T 0016/21 of 01.12.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T001621.20231201
- Date of decision
- 1 December 2023
- Case number
- T 0016/21
- Online on
- 11 January 2024
- Petition for review of
- -
- Application number
- 15730280.3
- IPC class
- A42B 3/06
- 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
- HELMET
- Applicant name
- Leatt Corporation
- Opponent name
- O'Neal Europe GmbH & Co. KG
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 123(2)European Patent Convention Art 83European Patent Convention Art 84European Patent Convention Art 123(3)European Patent Convention R 111(2)European Patent Convention R 80Rules of procedure of the Boards of Appeal 2020 Art 013(2)European Patent Convention Art 111(1)
- Keywords
- Amendments - main request, auxiliary request 4
Amendments - extension beyond the content of the application as filed (yes)
Amendments - auxiliary requests 4, 7
Amendments - broadening of claim (no)
Sufficiency of disclosure - (yes)
Claims - clarity after amendment (yes)
Appealed decision - sufficiently reasoned (yes)
Appealed decision - substantial procedural violation (no)
Right to be heard - violation (no)
Amendment occasioned by ground for opposition - (yes)
Amendment after summons - exceptional circumstances (yes)
Amendment after summons - cogent reasons (yes)
Amendment after summons - taken into account (yes)
Appeal decision - remittal to the department of first instance (yes) - Catchword
- -
- Cited cases
- T 2140/15
- 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 with the claims according to auxiliary request 7 filed with letter of 23 June 2023 and a description to be adapted.
3. The requests for apportionment of costs and reimbursement of the appeal fee are refused.