European Patent Office

T 1227/21 of 23.03.2023

European Case Law Identifier
ECLI:EP:BA:2023:T122721.20230323
Date of decision
23 March 2023
Case number
T 1227/21
Petition for review of
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Application number
17182187.9
IPC class
B07B 13/10
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
METHOD OF SEPARATING PARTICLES
Applicant name
ADR Technology B.V.
Opponent name
SGM Magnetics S.p.A.
KM Key Machinery GmbH
Board
3.2.07
Headnote
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Relevant legal provisions
European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 115(2)Rules of procedure of the Boards of Appeal Art 12(3)Rules of procedure of the Boards of Appeal Art 12(6)Rules of procedure of the Boards of Appeal Art 13(2)Rules of procedure of the Boards of Appeal Art 15(1)Rules of procedure of the Boards of Appeal Art 15(3)
Keywords
Oral proceedings - held in absence of party
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Late-filed objection - admitted (no)
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - lack of patentability (no)
Novelty - (yes)
Inventive step - (yes)
Statement of grounds of appeal - party's complete appeal case
Amendment after summons - exceptional circumstances (no)
Amendment after summons - cogent reasons (no)
Amendment after summons - taken into account (no)
Catchword
-
Citing cases
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Order

For these reasons it is decided that:

The appeal is dismissed.