T 1691/22 of 27.02.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T169122.20250227
- Date of decision
- 27 February 2025
- Case number
- T 1691/22
- Petition for review of
- -
- Application number
- 15901499.2
- IPC class
- A24F 47/00
- 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
- ELECTRONIC SMOKING DEVICE WITH CAPILLARY BUFFER
- Applicant name
- Fontem Ventures B.V.
- Opponent name
- Nicoventures Trading Limited
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Main request - Novelty - (no)
Auxiliary request 1 - not admitted in first instance - error in use of discretion at first instance (no)
Auxiliary request 2 and 3 - Amendment to case - requirements of Art. 12(2), (4), (6) RPBA 2020 met (no)
Auxiliary request 4 - Amendments - added subject-matter (no)
Late-filed facts - should have been submitted in first-instance proceedings (yes)
Auxiliary request 4 - Novelty - (yes)
Auxiliary request 4 - Inventive step (yes) - Catchword
- -
- Cited cases
- T 2219/18
- Citing cases
- -
Order
For these reasons it is decided that:
The decision under appeal is set aside. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:
Description:
- paragraphs [0001]-[0005], [0008]-[0031] and [0033]-[0034] of the patent specification
- paragraphs [0006]-[0007], [0032] and [0035] according to
"Alternative 2 - Amended paragraph [0032]" filed with the reply
dated 1 February 2023
Claims:
1-13 according to auxiliary request 4 filed with the reply dated 1 February 2023.
Drawings:
pages 8-12 of the patent specification