T 0823/23 of 14.01.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T082323.20250114
- Date of decision
- 14 January 2025
- Case number
- T 0823/23
- Petition for review of
- -
- Application number
- 07859801.8
- IPC class
- B21B 1/22
- 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 12(4) RPBA
- Application title
- METHOD OF TEMPER ROLLING OF STEEL STRIP AND PROCESS FOR MANUFACTURING HIGH TENSILE COLD ROLLED STEEL SHEET
- Applicant name
- JFE Steel Corporation
- Opponent name
- SMS group GmbH
ThyssenKrupp Rasselstein GmbH - Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020 (yes)
Late-filed objection - admitted (no)
Novelty - multiple selection
Novelty - main request (no)
Novelty - auxiliary request (yes)
Remittal - special reasons for remittal (no)
Amendments - extension beyond the content of the application as filed (yes)
Inventive step - non-obvious solution
Amendment after summons - exceptional circumstances (no) - Catchword
- When determining whether a submission was admissibly raised in the proceedings leading to the decision under appeal within the meaning of Article 12(4) RPBA, the Board first assesses whether the department of first instance had discretion not to admit that submission. If the department of first instance had discretion, the Board then assesses, in a second step, how a department of first instance, assuming legally correct and reasonable conduct, would have exercised this discretion. This requires the Board to take on the perspective of a department of first instance (Reasons 7.8 - 7.22).
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 1-15 of auxiliary request 3 filed with the
reply, dated 6 November 2023, to the statement of grounds of appeal
- description pages 2, 5, 7-9 and 13 of the patent
specification and pages 3, 4, 6 and 10-12 as filed during the oral proceedings before the Board on 14 January 2025
- drawings 1-11 of the patent specification