European Patent Office

T 1544/22 of 05.02.2025

European Case Law Identifier
ECLI:EP:BA:2025:T154422.20250205
Date of decision
5 February 2025
Case number
T 1544/22
Petition for review of
-
Application number
17152171.9
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
Abstract on Article 13(2) RPBA
Application title
SOLAR CELL
Applicant name
Shangrao Xinyuan YueDong
Technology Development Co. Ltd
Opponent name
Meyer Burger (Germany) GmbH
Strawman Limited
Board
3.4.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Amendment to appeal case (no)
Late-filed argument (admitted
Late-filed argument - yes)
Amendments (intermediate generalisation
Amendments - no)
Sufficiency of disclosure (yes)
Novelty - (yes)
Inventive step - non-obvious alternative (yes)
Catchword
Submissions, which are merely a refinement of arguments previously submitted and which further illustrate a party's position, must be allowed even if they are late filed. Otherwise, the parties could only repeat their arguments put forward in the statement of grounds of appeal and the reply thereto (see Reasons for the Decision, point 2.5.2).
Citing cases
-

Order

For these reasons it is decided that:

The appeal is dismissed.