T 2514/22 of 30.04.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T251422.20250430
- Date of decision
- 30 April 2025
- Case number
- T 2514/22
- Online on
- 30 May 2025
- Petition for review of
- -
- Application number
- 15716560.6
- IPC class
- A24F 47/00
- 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
- AEROSOL-GENERATING ARTICLE WITH INTERNAL SUSCEPTOR
- Applicant name
- Philip Morris Products S.A.
- Opponent name
- Nicoventures Trading Limited
JT International S.A. - Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Inventive step - ex post facto analysis
Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Amendment after summons - exceptional circumstances (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 in amended form on the basis of the following documents:
Claims:
Nr 1 to 18 of auxiliary request 2 filed with letter of 27 March 2025,
Description:
paragraphs [0001] to [0010], [0012] to [0023],
[0025] to [0113] of the patent specification and
[0011] and [0024] as filed during oral proceedings,
Drawings:
Figures 1 to 3 of the patent specification.