T 1124/21 of 30.06.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T112421.20230630
- Date of decision
- 30 June 2023
- Case number
- T 1124/21
- Online on
- 31 July 2023
- Petition for review of
- -
- Application number
- 14706694.8
- IPC class
- A24F 13/10A24F 47/00A24D 1/00
- 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
- AN INHALATION DEVICE AND COMPONENT FOR AN INHALATION DEVICE
- Applicant name
- Nicoventures Trading Limited
- Opponent name
- Philip Morris Products S.A.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83European Patent Convention Art 54(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (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 as amended in the following version:
- Description: page 2 as filed during the oral proceedings, pages 3-12 of the patent specification
- Claims: n°1 to 14 according to the seventh auxiliary request filed with the reply to the statement of grounds on 4 February 2022
- Drawings of the patent specification.