T 1716/21 of 10.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T171621.20240110
- Date of decision
- 10 January 2024
- Case number
- T 1716/21
- Petition for review of
- -
- Application number
- 14784354.4
- IPC class
- A24F 47/00
- 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
- ELECTRONIC VAPOUR PROVISION SYSTEM
- Applicant name
- Nicoventures Trading Limited
- Opponent name
- Philip Morris Products S.A.
JT International S.A. - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 015(1)
- Keywords
- Remittal - (no)
Novelty - main request, first auxiliary request, second auxiliary request (no)
Novelty - third auxiliary request (yes)
Sufficiency of disclosure - (yes)
Amendments - added subject-matter (no)
Discretion not to admit submission - requirements of Art. 12(3) RPBA 2020 met (no) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:
Description:
Page 2 as filed during the oral proceeding,
Pages 3 to 9 of the patent specification.
Claims:
No. 1 to 13 according to the third auxiliary request filed with the statement of grounds of appeal.
Figures:
1-7B of the patent specification.