T 2343/22 (Target signature control system/EMHART) of 12.07.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T234322.20240712
- Date of decision
- 12 July 2024
- Case number
- T 2343/22
- Petition for review of
- -
- Application number
- 14191361.6
- 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
- Target signature closed loop control system and method
- Applicant name
- Emhart Glass S.A.
- Opponent name
- Bottero S.p.A.
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Inventive step - patent as granted (no): no credible technical effect in view of different claim construction
Admittance of claim amendments filed on appeal - auxiliary request 1 (yes): reasons of fairness
Remittal to opposition division
Remittal - (yes): opposition division's incorrect claim construction amounts to "special reasons" - 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 for further prosecution.