T 1677/21 of 28.11.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T167721.20231128
- Date of decision
- 28 November 2023
- Case number
- T 1677/21
- Petition for review of
- -
- Application number
- 07862596.9
- IPC class
- C08L 77/00B65D 1/00C08K 7/14
- 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
- POLYAMIDE HOUSINGS FOR PORTABLE ELECTRONIC DEVICES
- Applicant name
- DuPont Polymers, Inc.
- Opponent name
- Solvay Specialty Polymers USA, LLC
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- EPC2000_Art_116(1)_(2007)_Sent_2European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention Art 19(2)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(6)
- Keywords
- Right to be heard - opportunity to comment (no)
Right to be heard - substantial procedural violation (yes)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation (yes)
Late-filed evidence - should have been submitted in first-instance proceedings (no)
Late-filed evidence - admitted (yes)
Remittal to the department of first instance (yes)
Remittal - to be considered by a differently composed opposition division (no) - 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 for further prosecution.
3. The request to order a change of the composition of the opposition division is rejected.
4. The appeal fee is reimbursed in full.