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)
- Download
- Decision in English
- 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.