T 0784/23 of 10.04.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T078423.20250410
- Date of decision
- 10 April 2025
- Case number
- T 0784/23
- Petition for review of
- -
- Application number
- 11704299.4
- 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
- CONTAINER AND PROCESSES FOR MAKING A CONTAINER AND A SEALED CONTAINER
- Applicant name
- LINPAC Packaging Limited
- Opponent name
- Cryovac, LLC
Quinn Packaging Limited - Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 115(2)European Patent Convention R 80Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal 2020 Art 015(3)
- Keywords
- Oral proceedings - held in absence of party
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - subject-matter extends beyond content of earlier application (yes)
Amendment occasioned by ground for opposition - amendments allowable under Rule 80 EPC (yes)
Claims - clarity
Claims - auxiliary request 2 (yes)
Novelty - auxiliary request 2 (yes)
Inventive step - auxiliary request 2 (yes)
Amendment after notification of Art. 15(1) RPBA communication - cogent reasons (no)
Amendment after notification of Art. 15(1) RPBA communication - exceptional circumstances (no)
Amendment after notification of Art. 15(1) RPBA communication - taken into account (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 amended form with claims according to the auxiliary request 2 filed with the patent proprietor's statement setting out the grounds of appeal and a description to be adapted thereto where necessary.