T 2185/21 of 11.02.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T218521.20250211
- Date of decision
- 11 February 2025
- Case number
- T 2185/21
- Petition for review of
- -
- Application number
- 09707113.8
- 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
- INSERTER ASSEMBLY
- Applicant name
- Unomedical A/S
- Opponent name
- Bock, Dr. Wolfgang
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 83European Patent Convention R 80RPBA_2020_Art_012(4)_(2020)_Sent_1Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendment to case - admissibly raised and maintained (yes)
Amendment occasioned by ground for opposition - (yes)
Amendments - added subject-matter (no)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Remittal - special reasons for remittal (no)
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Amendment after notification of Art. 15(1) RPBA communication - exercise of discretion
Amendment after notification of Art. 15(1) RPBA communication - taken into account (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 on the basis of claims 1 to 21 of the main request filed as auxiliary request 4 with letter dated 9 August 2022 and a description to be adapted thereto if necessary.