T 1901/22 of 03.05.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T190122.20240503
- Date of decision
- 3 May 2024
- Case number
- T 1901/22
- Petition for review of
- -
- Application number
- 16770591.2
- IPC class
- B42D 25/00
- 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
- Single or dual transfer process for preparing and transfering sharply defined single elements to objects to be protected
- Applicant name
- Crane Security Technologies, Inc.
Visual Physics, LLC - Opponent name
- Giesecke+Devrient Currency Technology GmbH
Leonhard Kurz Stiftung & Co. KG - Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 111(2)European Patent Convention Art 54European Patent Convention Art 84European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal 2020 Art 011Rules 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)
- Keywords
- Ground for opposition - lack of novelty (yes)
Statement of grounds of appeal - reasons set out clearly and concisely (no)
Statement of grounds of appeal - auxiliary requests 1, 6, 7, 8 and 9 admitted (no)
Appealed decision - auxiliary requests 2, 3, 4, 5, 10, 11 and 12
Appealed decision - sufficiently reasoned (no)
Appealed decision - auxiliary requests 10, 11 and 12
Appealed decision - error in the use of discretion (yes)
Late-filed auxiliary requests 2, 3, 4, 5, 10, 11 and 12
Late-filed auxiliary requests - admitted in first-instance proceedings (no)
Late-filed auxiliary requests - admitted (yes)
Claims - auxiliary requests 2, 3, 4 and 5
Claims - clarity after amendment (no)
Remittal - fundamental deficiency in first-instance proceedings (yes)
Remittal - remittal to the department of first instance (yes)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation (no) - Catchword
- -
- Cited cases
- J 0007/83
- 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 for further prosecution.
3. The request for reimbursement of the appeal fee is refused.