T 0637/23 of 30.07.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T063723.20250730
- Date of decision
- 30 July 2025
- Case number
- T 0637/23
- Online on
- 20 October 2025
- Petition for review of
- -
- Application number
- 19756029.5
- IPC class
- C12M 1/00
- 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
- LID CONFIGURATION FOR A BIOREACTOR
- Applicant name
- APPLIKON BIOTECHNOLOGY B.V.
- Opponent name
- SARTORIUS STEDIM BIOTECH GMBH
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request (yes)
Inventive step - after amendment
Inventive step - non-obvious modification
Sufficiency of disclosure - after amendment
Amendments - allowable (no)
Amendment to case - suitability of amendment to address issues (no)
Late-filed request - should have been submitted in first-instance proceedings (yes) - 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 in amended form based on
- claims 1 to 17 of auxiliary request 15, filed with
the proprietor's grounds of appeal on 26 June 2023
- an adapted description, pages 1 to 14, filed during
the oral proceedings on 30 July 2025
and
- figures 1 to 6 in the specification of the patent
as granted.