European Patent Office

T 0379/23 of 22.01.2025

European Case Law Identifier
ECLI:EP:BA:2025:T037923.20250122
Date of decision
22 January 2025
Case number
T 0379/23
Petition for review of
-
Application number
17727924.7
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
VAPORISER ASSEMBLY FOR AN AEROSOL-GENERATING SYSTEM
Applicant name
Philip Morris Products S.A.
Opponent name
Nicoventures Trading Limited
Board
3.2.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(1)
Keywords
Amendments - extension beyond the content of the application as filed
Sufficiency of disclosure
Claims - clarity
Novelty
Inventive step
Submissions made after notification of Art. 15(1) RPBA communication - taken into account (yes)
Amendment after notification of Art. 15(1) RPBA communication (no)
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 the following

version:

claims 1 to 9 of auxiliary request VII filed with the

letter dated 2 February 2024 and a description to

be adapted