T 1376/22 of 04.07.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T137622.20240704
- Date of decision
- 4 July 2024
- Case number
- T 1376/22
- Petition for review of
- -
- Application number
- 13733069.2
- 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
- Ship screw
- Applicant name
- G.A.M. Manshanden Management B.V.
- Opponent name
- Poseidon Propulsion B.V.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Amendment after summons - exceptional circumstances (yes)
Amendments - extension beyond the content of the application as filed (no)
Amendments - broadening of claim (no)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- G 0002/10
- 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 according to the main request (previously filed as auxiliary request 4 with letter dated 3 May 2024) and a description to be adapted.
3. The appeal fee of the patent proprietor is reimbursed at 25%.