European Patent Office

T 1287/21 (Avery Dennion/Non-PVC laminate) of 20.12.2023

European Case Law Identifier
ECLI:EP:BA:2023:T128721.20231220
Date of decision
20 December 2023
Case number
T 1287/21
Petition for review of
-
Application number
11707768.5
IPC class
B32B 27/00
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
NON-PVC FILM AND NON-PVC FILM LAMINATE
Applicant name
Avery Dennison Corporation
Opponent name
Eun-Suk Choi
Board
3.3.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Inventive step - main request (no)
Inventive step - auxiliary request (yes)
Amendments - allowable (yes)
Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020
Amendment after summons - exceptional circumstances (yes)
Catchword
-
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 based on the claims of auxiliary request 4, filed with the reply on 24 February 2022, and a description to be adapted where appropriate.