T 2194/22 of 19.12.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T219422.20241219
- Date of decision
- 19 December 2024
- Case number
- T 2194/22
- Petition for review of
- -
- Application number
- 12155832.4
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on Article 111 EPC
- Application title
- Vertical heat exchanger configuration for lng facility
- Applicant name
- ConocoPhillips Company
- Opponent name
- Linde GmbH
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(2)European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)
- Keywords
- Inventive step - ex post facto analysis
Inventive step - non-obvious combination of known features
Inventive step - main request (yes)
Appeal decision - binding effect of appeal decision
Amendment to case - objection
Amendment to case - suitability of amendment to address issues (no)
Late-filed objection - admitted (no) - Catchword
- 1. The admittance of a substantively identical request in post-remittal proceedings is not excluded pursuant to Article 111(2) EPC if the facts underlying the Board's earlier decision for not admitting that request are not the same because a new objection was introduced in post-remittal proceedings (see 2.4).
2. When exercising the discretion to admit a party's request in post-remittal proceedings, the opposition division must take into account the framework defined in the appeal proceedings (see 2.5.1), as the prosecution of a case after remittal should in principle build upon the situation that existed at the end of the appeal proceedings that led to the remittal (see 2.5.2).
Order
For these reasons it is decided that:
The appeal is dismissed.
The request for reimbursement of the appeal fee is refused.