European Patent Office

T 0981/23 of 22.09.2025

European Case Law Identifier
ECLI:EP:BA:2025:T098123.20250922
Date of decision
22 September 2025
Case number
T 0981/23
Petition for review of
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Application number
15155052.2
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
-
Application title
Remote control device
Applicant name
Toto Ltd.
Opponent name
Geberit International AG
Board
3.2.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 12(6)
Keywords
Main request - added subject-matter (yes)
Auxiliary request 1 - clarity (no) - added subject-matter (yes)
Auxiliary request 4 - admittance of request not admitted by the opposition division (yes) - added subject-matter (no) - clarity (yes)
Remittal to the department of first instance
Remittal - (yes)
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 for further prosecution.