European Patent Office

T 1322/22 of 21.10.2024

European Case Law Identifier
ECLI:EP:BA:2024:T132222.20241021
Date of decision
21 October 2024
Case number
T 1322/22
Petition for review of
-
Application number
15728917.4
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
POLYMERIC MATERIALS
Applicant name
Victrex Manufacturing Limited
Opponent name
Solvay Specialty Polymers USA, LLC
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 013(1)
Keywords
New auxiliary request submitted after rejoinder - feature inserted prima facie suitable to resolve issues raised by other party without giving rise to new objection - admitted (yes)
Argument against new auxiliary request not concerning modification inserted therein - admitted (no)
Amendments - added subject-matter (no)
Clarity (yes)
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 in amended form on the basis of the claims of auxiliary request 2 filed with letter of 28 June 2024 and any necessary adaptation of the description thereto.