T 1482/21 of 10.05.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T148221.20230510
- Date of decision
- 10 May 2023
- Case number
- T 1482/21
- Petition for review of
- -
- Application number
- 15158482.8
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 122Abstract on EPC2000 R 124(1)
- Application title
- APPARATUS, SYSTEM AND METHOD FOR FILLING CONTAINERS WITH FLUIDS
- Applicant name
- Tinnus Enterprises, LLC
- Opponent name
- Play Fun Toys B.V.
Koopman International B.V. - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107European Patent Convention Art 114(1)European Patent Convention Art 122(3)European Patent Convention Art 123(2)European Patent Convention Art 16European Patent Convention Art 21(1)European Patent Convention Art 21(2)European Patent Convention Art 56European Patent Convention Art 84European Patent Convention Art 87(1)European Patent Convention Art 89European Patent Convention Art 90(1)European Patent Convention Art 94(1)European Patent Convention R 10European Patent Convention R 124European Patent Convention R 136(1)European Patent Convention R 136(4)European Patent Convention R 52(2)Rules of procedure of the Boards of Appeal Art 6(4)
- Keywords
- Re-establishment of rights - priority period
Competence of the receiving section - re-establishment of rights
Priority - partial priority (yes)
Inventive step (yes)
Claims - clarity (yes)
Amendments - added subject-matter (no)
Minutes of oral proceedings - request to correct minutes (refused) - Catchword
- Based on its competence for the examination on filing and as to formal requirements up to the time when the Examining Division becomes responsible, the Receiving Section is under Rule 136(4) EPC also competent to decide on a request for re-establishment of rights in respect of the priority period. If the Receiving Section grants such a request, its decision becomes final immediately. Other departments of the EPO such as an Opposition Division or a technical Board of Appeal which decide on questions of priority in other, subsequent proceedings are prevented from reviewing and overturning the Receiving Section's decision granting the request for re-establishment of rights (Reasons 2.2-2.2.12).
- Citing cases
- T 2615/22
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 as amended in the following version:
Claims: 1-10 of the new auxiliary request filed with the submission dated 28 April 2023
Description: pages 2 to 8 filed during the oral proceedings before the Board
Drawings: Figures 1 to 10 of the patent specification.