T 0428/23 of 20.03.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T042823.20250320
- Date of decision
- 20 March 2025
- Case number
- T 0428/23
- Petition for review of
- -
- Application number
- 16154742.7
- IPC class
- E04H 15/34E04H 17/20
- 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
- FENCE STRUCTURE
- Applicant name
- Cracco S.r.l.
- Opponent name
- Praxi Intellectual Property S.p.A.
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Inventive step - obvious alternative
Inventive step - could-would approach
Inventive step - problem and solution approach
Inventive step - common general knowledge
Inventive step - technical prejudice in the art (no)
Inventive step - main request (no)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - exercise of discretion
Amendment after summons - taken into account (no) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0235/25
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 as amended in the following version:
- claims 1-9 according to auxiliary request 1 filed with the reply to the statement of grounds of appeal
- description paragraphs [0001] to [0069] as filed during the oral proceedings before the Board
- figures 1-16 of the patent specification