T 2252/21 of 19.06.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T225221.20240619
- Date of decision
- 19 June 2024
- Case number
- T 2252/21
- Petition for review of
- -
- Application number
- 11165243.4
- 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
- Plastic prefom or container with a recessed orientation slot, process of manufacturing a rigid container, process for angularly orienting a preform and process of detecting the orientation of a preform
- Applicant name
- Plastipak BAWT S.à.r.l.
- Opponent name
- Krones AG
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 112(1)(a)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54(1)European Patent Convention Art 54(3)European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 80Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Grounds for opposition - lack of patentability (yes)
Novelty (main request and auxiliary requests 1 and 2: no; auxiliary request 2A: yes)
Late-filed request - exceptional circumstances (yes)
Amendment occasioned by ground for opposition (yes)
Amendments - added subject-matter (no)
Amendments - extension of protection of the patent (no)
Sufficiency of disclosure (yes)
Claims - clarity (yes)
Referral to the Enlarged Board of Appeal (no) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The opponent's request for referral of three questions to the Enlarged Board of Appeal is refused.
2. The decision under appeal is set aside.
3. The case is remitted to the opposition division with the order to grant a patent in amended form on the basis of:
- Claims: 1 to 11 filed as auxiliary request 2A filed as 'Auxiliary claim request 2A Appeal' with letter dated 11 June 2024,
- Description:
- pages 2 and 4 of the patent specification
- page 3 of the patent specification as filed during oral proceedings of 19 June 2024,
- Drawings: Figures 1-13 of the patent specification.