T 0972/21 (Recirculating deviant foodstuff products for batching/MAREL) of 20.09.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T097221.20240920
- Date of decision
- 20 September 2024
- Case number
- T 0972/21
- Petition for review of
- -
- Application number
- 16168884.1
- 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 and System for Sorting of Foodstuff Items
- Applicant name
- Marel A/S
- Opponent name
- Nordischer Maschinenbau
Rud. Baader GmbH + Co. KG - Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(4)
- Keywords
- Grounds for opposition - inventive step (no)
Amendment to case - amendment within meaning of Art. 12(4) RPBA (yes)
Amendment to case - admitted (yes)
Remittal - special reasons for remittal (yes) - Catchword
- In an appeal against the rejection of the opposition the filing of auxiliary requests with the reply to the statement of grounds of appeal leads to essentially the same procedural situation on appeal as the filing of the same auxiliary requests within the time limit of Rule 79(1) EPC. This is a reason in favour of admittance under Article 12(4) RPBA and can represent circumstances justifying their admittance within the meaning of Article 12(6), second sentence, RPBA. See reasons 3.
- Cited cases
- -
- 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 for further prosecution.