T 1427/21 of 14.08.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T142721.20230814
- Date of decision
- 14 August 2023
- Case number
- T 1427/21
- Petition for review of
- -
- Application number
- 14179985.8
- IPC class
- B27D 5/00
- 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
- Machine to process wood panels or the like
- Applicant name
- BIESSE S.p.A.
- Opponent name
- Winter, Brandl - Partnerschaft mbB
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 115European Patent Convention R 100(2)Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(6)Rules of procedure of the Boards of Appeal Art 12(8)Rules of procedure of the Boards of Appeal Art 15(1)
- Keywords
- Observations by third parties - admitted (no)
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed objection - should have been submitted in first-instance proceedings (yes) - Catchword
- -
- Cited cases
- T 1348/11
- 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 on the basis of the following documents:
Description, paragraphs
1 to 32 of the patent specification,
Claims
1 to 6 according to the main request as filed
with letter dated 15 March 2022,
Figures
1, 2 of the patent specification.