T 1997/22 (Recycled aluminium casting/Casa Maristas Azterlan) of 12.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T199722.20240112
- Date of decision
- 12 January 2024
- Case number
- T 1997/22
- Petition for review of
- -
- Application number
- 10382360.5
- 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
- Method for obtaining improved mechanical properties in recycled aluminium castings free of platelet-shaped beta-phases
- Applicant name
- Casa Maristas Azterlan
Befesa Aluminio, S.L. - Opponent name
- TRIMET Aluminium SE
BorgWarner, Inc. - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84
- Keywords
- Claims - support in the description
Claims - main request (no)
Claims - auxiliary request (yes) - Catchword
- -
- Cited cases
- -
- 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 with the following documents:
- claims of the sole request underlying T 1051/17
- description of the patent as granted, except for paragraphs [0001], [0013], [0015], [0016], [0018], [0024] and [0025] which were filed on 10 December 2020
and paragraphs [0017], [0022] and [0030] which were submitted on 30 November 2023
- figures as granted.
3. The appellant's appeal fee is reimbursed at 25%.