T 0773/21 of 22.10.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T077321.20241022
- Date of decision
- 22 October 2024
- Case number
- T 0773/21
- Petition for review of
- -
- Application number
- 11177061.6
- 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
- Power semiconductor module attachment structure
- Applicant name
- Mitsubishi Electric Corporation
- Opponent name
- Valeo Systèmes de Contrôle Moteur
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Statement of grounds of appeal - insufficient substantiation of request (main request)
Amendments - allowable (no) (first and third auxiliary request)Amendments - allowable (yes) (third auxiliary requestAmendments - variant A)
Novelty - (no) disclosure in figure (second auxiliary request)
Claims clarity (no) (third auxiliary requestClaims - variant A)Claims - clarity after amendment (yes) (third auxiliary requestClaims - variant B)
Sufficiency of disclosure - (no) (third auxiliary requestSufficiency of disclosure - variant B)
Amendment to appeal case - amendment detrimental to procedural economy (yes) (third auxiliary requestAmendment to appeal case - variant B')Amendment to appeal case - amendment overcomes issues raised (yes) (third auxiliary requestAmendment to appeal case - variant B'')
Inventive step - (yes)Inventive step - non-obvious combination of features (third auxiliary requestInventive step - variant B'') - Catchword
- -
- Citing cases
- T 1812/23
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 7 according to the third auxiliary request - variant B'' filed at the oral proceedings before the board on 22 October 2024
Description: pages 2 to 7 filed at the oral proceedings before the opposition division on 9 March 2021
Drawings: 1/5 to 5/5 of the patent specification