T 1305/21 of 25.10.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T130521.20231025
- Date of decision
- 25 October 2023
- Case number
- T 1305/21
- Petition for review of
- -
- Application number
- 11749480.7
- 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
- SPEED CONTROL FOR POWER TOOLS
- Applicant name
- Husqvarna AB
- Opponent name
- Andreas Stihl AG & Co. KG
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 54European 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)Rules of procedure of the Boards of Appeal 2020 Art 015(1)
- Keywords
- Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no)
Novently - main request (no) - auxiliary request 1 (no)
Inventive step - auxiliary request 2 (yes) - 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:
Description: Column(s) 1 to 7 received by email 17:19 during the oral proceedings 25 October 2023.
Claims: No. 1 to 12 of auxiliary request 2 filed with the statement of grounds of appeal dated 22 November 2021.
Drawings: Fig. 1 to 3 of the patent specification.