T 1788/21 of 22.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T178821.20230322
- Date of decision
- 22 March 2023
- Case number
- T 1788/21
- Petition for review of
- -
- Application number
- 17162182.4
- IPC class
- B65B 19/22B65B 35/56
- 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
- ORIENTATION UNIT AND METHOD FOR CAUSING A CHANGE IN ORIENTATION OF A PARALLELEPIPED-SHAPED ARTICLE IN A PACKING MACHINE
- Applicant name
- G.D SOCIETA' PER AZIONI
- Opponent name
- Focke & Co. (GmbH & Co. KG)
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 015(1)
- Keywords
- Auxiliary request 2 - prohibition of reformatio in peius (no) - admitted (yes) - inventive step (yes)
- 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 with the order to maintain the patent as amended in the following version:
Claims:
nos. 1 to 6 filed as auxiliary request 2 with
the reply to the appeal of
19 April 2022
Description:
page 2 received during oral proceedings
of 22 March 2023
pages 3 to 8 of the patent specification
Drawings:
figures 1 to 31 of the patent specification.