T 1442/22 of 30.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T144222.20240130
- Date of decision
- 30 January 2024
- Case number
- T 1442/22
- Petition for review of
- -
- Application number
- 11760442.1
- 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
- Modular connector for cables or pipes and system comprising such modular connector
- Applicant name
- Roxtec AB
- Opponent name
- Hauff-Technik GmbH & Co. KG
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention R 115(2)Rules 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)Rules of procedure of the Boards of Appeal 2020 Art 015(3)Rules of procedure of the Boards of Appeal 2020 Art 015(6)
- Keywords
- Oral proceedings - held in absence of party (appellant II)
Late-filed request - main request
Late-filed request - admitted (yes)
Amendment after summons - exceptional circumstances (yes)
Novelty - main request (yes)
Inventive step - main request (yes)
Late-filed evidence - document D12
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed objection - inventive step in view of documents D8 and D12
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Discretion not to admit submission - inventive step in view of documents D10 and D11
Discretion not to admit submission - requirements of Art. 12(3) RPBA 2020 met (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 with the order to maintain the patent in amended form on the basis of the following documents:
- claims 1 to 19 as filed during the oral proceedings before the board;
- description and figures of the patent specification.