T 0673/22 of 24.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T067322.20240124
- Date of decision
- 24 January 2024
- Case number
- T 0673/22
- Petition for review of
- -
- Application number
- 12764151.2
- IPC class
- A24B 15/28A24F 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
- NON-COMBUSTION SUCTION TYPE TOBACCO PRODUCT
- Applicant name
- Japan Tobacco, Inc.
- Opponent name
- Philip Morris Products S.A.
Nicoventures Trading Limited - Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 103(1)(a)Rules of procedure of the Boards of Appeal 2020 Art 012(2)
- Keywords
- Grounds for opposition - insufficiency of disclosure (no)
Auxiliary request 3A - novel - (yes)
main request and auxiliary requests 1, 2A, 2B, 3A, 3B - Inventive step - (no)
Auxiliary request 4A - primary object of appeal proceedings to review decision - appeal case directed to requests on which decision was based (yes)
Auxiliary request 4A - Amendments - allowable (yes)
Auxiliary request 4A - Inventive step - (yes)
Reimbursement of appeal fee - (no)
Description to be adapted - Catchword
- -
- Citing cases
- T 0697/22
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 on the basis of claims 1-4 of the auxiliary request 4A filed with the statement of the grounds of appeal and a description to be adapted.
3. The request for reimbursement of the appeal fee is rejected.