T 0369/22 of 07.06.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T036922.20240607
- Date of decision
- 7 June 2024
- Case number
- T 0369/22
- Petition for review of
- -
- Application number
- 17170100.6
- IPC class
- A24F 47/00
- 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
- ELECTRONIC VAPOUR INHALERS
- Applicant name
- JT International SA
- Opponent name
- Philip Morris Products S.A.
Nicoventures Trading Limited - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83European Patent Convention Art 84Rules 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(6)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Divisional application - subject-matter extends beyond content of earlier application (yes)
Divisional application - subject-matter extends beyond content of earlier application (no)
Divisional application - after amendment
Amendments - extension beyond the content of the divisional application as filed (no)
Sufficiency of disclosure - (yes)
Claims - clarity (yes)
Inventive step - (yes)
Amendment to case - basis for amendment indicated (yes)
Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020
Amendment to case - suitability of amendment to address issues (yes)
Late-filed facts - admitted (yes)
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Late-filed request - amendments after arrangement of oral proceedings
Late-filed auxiliary requests - justification for late filing (no) - 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 with the following claims and a description to be adapted thereto:
Claims: N 1-13 according to the auxiliary request 14 filed with the first letter of 27 May 2024.