T 1011/21 (Hot-melt adhesive for the collation of containers and bottles/KHS) of 14.09.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T101121.20230914
- Date of decision
- 14 September 2023
- Case number
- T 1011/21
- Online on
- 12 October 2023
- Petition for review of
- -
- Application number
- 13176743.6
- 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
- Use of hot-melt adhesive for the collation of containers and bottles for beverages or food into shelf ready packs of various items
- Applicant name
- KHS GmbH
- Opponent name
- Henkel AG & Co. KGaA
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendments - allowable (yes)
Sufficiency of disclosure - (yes)
Amendment after summons - exceptional circumstances (no) - Catchword
- -
- 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 with the order to maintain the patent in amended form in the following version:
- claim: the sole claim of auxiliary request 2 filed with the reply to the grounds of appeal and
- description: paragraphs [0001] to [0018] and [0020] to [0047] of the patent specification.