European Patent Office

T 0551/23 of 27.06.2024

European Case Law Identifier
ECLI:EP:BA:2024:T055123.20240627
Date of decision
27 June 2024
Case number
T 0551/23
Online on
26 July 2024
Petition for review of
-
Application number
16854067.2
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
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Application title
REMOVABLE APPARATUS FOR A CENTRIFUGE AND METHOD OF USING SAME
Applicant name
Dover Motion, Inc.
Opponent name
Sartorius Stedim North America Inc.
Board
3.2.07
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 84European Patent Convention Art 54European 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(5)
Keywords
Amendments - extension beyond the content of the application as filed (no)
Amendments - allowable (yes)
Claims - clarity (yes)
Novelty - (yes)
Inventive step - (yes)
Discretion not to admit submission - requirements of Art. 12(3) RPBA 2020 met (no)
Discretion not to admit submission - submission admitted (no)
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 as amended in the following version:

Description, Pages:

2, 3 and 5 of the patent specification; and

4 received during oral proceedings

of 27 June 2024.

Claims, No.:

1 to 17 according to the main request,

previously filed as auxiliary

request 3 with the reply to the

statement setting out the grounds

of appeal on 25 September 2023.

Drawings, Figures:

1 to 8 of the patent specification.