European Patent Office

T 1746/21 (Blast Furnace Operation/JFE) of 25.05.2023

European Case Law Identifier
ECLI:EP:BA:2023:T174621.20230525
Date of decision
25 May 2023
Case number
T 1746/21
Online on
17 August 2023
Petition for review of
-
Application number
12860851.0
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
BLAST FURNACE OPERATION METHOD
Applicant name
JFE Steel Corporation
Opponent name
Paul Wurth S.A.
Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(6)Rules of procedure of the Boards of Appeal Art 13(2)
Keywords
Inventive step - main request (no)
Inventive step - obvious combination of known features
Inventive step - auxiliary request (yes)
Inventive step - teaching away (yes)
Late-filed objection - admitted (no)
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Catchword
-
Cited cases
-
Citing cases
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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 auxiliary request 3 resubmitted with the grounds of appeal of the proprietor and a description to be adapted if necessary.