T 1628/21 of 06.02.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T162821.20240206
- Date of decision
- 6 February 2024
- Case number
- T 1628/21
- Petition for review of
- -
- Application number
- 08755445.7
- IPC class
- A41D 13/00
- 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 069
- Application title
- ARTICLES OF APPAREL PROVIDING ENHANCED BODY POSITION FEEDBACK
- Applicant name
- NIKE Innovate C.V.
- Opponent name
- ADIDAS AG
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- EPC2000_Prot Interpretation Article 69European Patent Convention Art 111(1) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)European Patent Convention Art 69 (2007)
- Keywords
- Novelty - main request (no)
Novelty - interpretation of claims
Novelty - application of Article 69 EPC
Remittal - special reasons for remittal - Catchword
- With regard to the question of compatibility of certain principles of claim interpretation for the purposes of considering novelty or inventive step with Article 69 EPC, reference is made to Reasons 1.1.11 to 1.1.16.
The principle of primacy of the claims seems to exclude the use of the description and drawings for limiting the claims if an interpretation of the claim in the light of common general knowledge already leads to a technically meaningful result. Similarly, the principle, established by case law, according to which "limiting features which are only present in the description and not in the claim cannot be read into a patent claim" is also fully compatible with Article 69 EPC and Article 1 of the Protocol.
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 for further prosecution.