T 1178/23 of 16.12.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T117823.20241216
- Date of decision
- 16 December 2024
- Case number
- T 1178/23
- Petition for review of
- -
- Application number
- 14736921.9
- IPC class
- B22F 10/322B22F 12/70B22F 3/105B22F 12/67B08B 15/04B29C 64/371B33Y 40/00B22F 10/28B29C 64/20B29C 64/153B22F 12/90
- 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
- Additive manufacturing apparatus and method
- Applicant name
- Renishaw Plc.
- Opponent name
- Nikon SLM Solutions AG
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 111(2)European Patent Convention Art 54(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(1)(a)Rules 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
- Novelty (yes)
Inventive step (no)
Late-filed auxiliary requests - admitted (auxiliary requests 1 to 3: no; auxiliary request 4: admissibly raised)
Remittal (yes) - Catchword
- To determine whether a submission was admissibly raised pursuant to the conditional clause of Article 12(4), first sentence RPBA, the Board of Appeal assesses whether the department of first instance would have admitted the submission in reliance on the provisions and practice that applied in first-instance proceedings at the time, had a discretionary decision on admittance been required (see points 46 to 48).
- Cited cases
- G 0007/93T 0640/91T 0820/14T 1227/14T 0467/15T 0525/15T 1219/19T 0364/20T 1800/20T 0309/21T 0246/22T 0446/22T 0731/22T 1749/22T 2036/22T 2395/22T 0823/23
- 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.