T 0849/22 of 02.07.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T084922.20240702
- Date of decision
- 2 July 2024
- Case number
- T 0849/22
- Petition for review of
- -
- Application number
- 15833528.1
- 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
- UNDERLAYMENT FOR POSITIONING HEATING ELEMENTS AND FLOOR ASSEMBLY
- Applicant name
- Progress Profiles SPA
- Opponent name
- Isola AS
Warmup Plc
Wischemann Kunststoff GmbH
Elements S.r.l. - Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 54(2)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 12(6)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request (yes)
Appeal decision - remittal to the department of first instance (yes)
Remittal - special reasons for remittal
Remittal - fundamental deficiency in first-instance proceedings (yes)
Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020
Amendment to case - amendment overcomes objection (yes)
Late-filed request - admitted in first-instance proceedings (no)
Late-filed request - should have been submitted in first-instance proceedings (no)
Late-filed request - error in use of discretion at first instance (yes)
Late-filed request - admitted (yes)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (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 for further prosecution.