T 0953/22 of 19.09.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T095322.20230919
- Date of decision
- 19 September 2023
- Case number
- T 0953/22
- Petition for review of
- -
- Application number
- 13831970.2
- IPC class
- F16L 1/20F16L 1/16F16L 13/02
- 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
- Abstract on EPC2000 Art 123(3)
- Application title
- MECHANICALLY LINED PIPE
- Applicant name
- TechnipFMC Subsea France
- Opponent name
- Subsea 7 Limited
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(3)European Patent Convention Art 69(1)European Patent Convention R 139Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Correction of error - obvious error (no)
Ground for opposition - added subject-matter (yes)
1st and 2nd auxiliary requests - protection conferred by the granted patent extended (yes)
3rd auxiliary request - requirements of Art. 12(3) RPBA 2020 met (no) - request admitted (no)
4th, 5th and 6th auxiliary requests - requests not admitted by opposition division - circumstances of appeal case justify admittance (no)
7th and 8th auxiliary requests - amendment after summons - exceptional circumstances (no) - taken into account (no) - Catchword
- An amendment to a figure of the patent as granted may extend the protection conferred by the patent even if the claims and the description remain unamended (see point 3 of the Reasons).
Order
For these reasons it is decided that:
The appeal is dismissed.