T 0131/22 of 26.03.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T013122.20240326
- Date of decision
- 26 March 2024
- Case number
- T 0131/22
- Petition for review of
- -
- Application number
- 08758980.0
- IPC class
- B66B 5/00
- 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
- SINGLE BRAKESHOE TEST (ELECTRICAL) FOR ELEVATORS
- Applicant name
- Otis Elevator Company
- Opponent name
- INVENTIO AG
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention Art 84 1973Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)
- Keywords
- Inventive step - (yes)
Discretion not to admit submission - requirements of Art. 12(3) RPBA 2020 met (no)
Discretion not to admit submission - submission admitted (no)
Adaptation of description to amended claims - Catchword
- -
- Cited cases
- T 2063/15
- 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 in amended form with the following documents:
- claims 1 to 8 of the main request filed with the reply to the grounds of appeal,
- description with paragraphs 1 to 91, filed during the oral proceedings before the Board of Appeal and
- figures 1 to 4 of the patent specification.