T 0449/23 of 12.12.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T044923.20241212
- Date of decision
- 12 December 2024
- Case number
- T 0449/23
- Petition for review of
- -
- Application number
- 16848689.2
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on Article 117 EPCAbstract on Article 13(2) RPBA
- Application title
- METHOD FOR PREPARING CATIONIC ELECTRODEPOSITION COATING COMPOSITION
- Applicant name
- Nippon Paint Automotive Coatings Co., Ltd.
- Opponent name
- PPG Industries, Inc.
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention R 139Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules 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 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal 2020 Art 013(3)
- Keywords
- Inventive step
Amendments to a party's case under Article 13(2) RPBA - Catchword
- 1. Inventive step - credibility of the alleged technical
effect and burden of proof (reasons, points 2.5.6 and
2.5.7).
2. The amendment referred to in Article 12(4) RPBA is not
synonymous with the "amendment to a party's appeal case"
within the meaning of Article 13(2) RPBA (reasons, point
3.5).
3. An amendment by way of deletion of an (alternative in an)
independent claim is an amendment of the appeal case within
the meaning of Art 13(2) RPBA (reasons, point 3.6).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.