T 2313/22 (Zirconia sintered body/TOSOH) of 10.08.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T231322.20240810
- Date of decision
- 10 August 2024
- Case number
- T 2313/22
- Petition for review of
- -
- Application number
- 15812269.7
- 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
- COLORED TRANSLUCENT ZIRCONIA SINTERED BODY AND POWDER, AND USE THEREOF
- Applicant name
- Tosoh Corporation
- Opponent name
- Solventum Intellectual Properties Company
3M Healthcare Germany GmbH
Treibacher Industrie AG - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 87Rules of procedure of the Boards of Appeal Art 12(2)
- Keywords
- Sufficiency of disclosure - (yes)
Inventive step - main request, auxiliary requests 1 to 7 and 9
Inventive step - (no)
Inventive step - auxiliary request 10
Inventive step - (yes)
Amendments - auxiliary request 8
Amendments - allowable (no)
Amendments - auxiliary request 10
Amendments - allowable (yes)
Priority - (no)
primary object of appeal proceedings to review decision - appeal case directed to arguments on which decision was based - auxiliary request 10 - (yes) - Catchword
- -
- 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 in amended form on the basis of auxiliary request 10 submitted with the grounds of appeal and a description to be adapted.