T 0269/23 of 05.03.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T026923.20250305
- Date of decision
- 5 March 2025
- Case number
- T 0269/23
- Petition for review of
- -
- Application number
- 16735668.2
- IPC class
- F22B 37/24
- 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
- A BOTTOM-SUPPORTED BOILER
- Applicant name
- Sumitomo SHI FW Energia Oy
- Opponent name
- Valmet Technologies Oy
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 011Rules 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)
- Keywords
- Novelty - main request (yes)
Novelty - prior disclosure
Novelty - implicit features (no)
Inventive step - main request (no)
Inventive step - ex post facto analysis
Inventive step - problem and solution approach
Inventive step - obvious combination of known features
Inventive step - closest prior art
Appeal decision - remittal to the department of first instance (yes)
Remittal - special reasons for remittal
Remittal - absence of written submissions from both parties in relation to auxiliary requests
Remittal - decision on remittal before examining admittance of auxiliary requests - 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 for further prosecution.