T 1488/22 of 19.07.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T148822.20230719
- Date of decision
- 19 July 2023
- Case number
- T 1488/22
- Petition for review of
- -
- Application number
- 14195688.8
- IPC class
- B65D 17/00
- 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
- Closure for a container and a container provided therewith
- Applicant name
- Ardagh MP Group Netherlands B.V.
- Opponent name
- Crown Packaging Manufacturing UK Ltd.
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 123(2)European Patent Convention Art 54(2)European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 015(1)
- Keywords
- Novelty - public prior use (yes)
Novelty - main request (no)
Novelty - auxiliary request VI (no)
Late-filed auxiliary requests - should have been submitted in opposition proceedings (yes)
Late-filed auxiliary requests - circumstances of appeal case justify admittance (no)
Late-filed auxiliary requests - admitted (no)
Late-filed auxiliary request V - admitted in opposition proceedings (no) - error in exercise of discretion (no) - admitted (no)
Claims - clarity
Claims - auxiliary request VII (no)
Late-filed objections
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Late-filed objection - admitted (no)
Objections submitted for a higher-ranked request - circumstances of appeal case justify admittance (yes) -admitted (yes)
Sufficiency of disclosure - patent as maintained by the opposition division
Sufficiency of disclosure - (yes)
Amendments - patent as maintained by the opposition division- intermediate generalisation (no)
Amendments - extension beyond the content of the application as filed (no) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
Both appeals are dismissed.