European Patent Office

T 1378/23 of 30.04.2026

European Case Law Identifier
ECLI:EP:BA:2026:T137823.20260430
Date of decision
30 April 2026
Case number
T 1378/23
Online on
7 May 2026
Petition for review of
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Application number
17841135.1
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
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Application title
AUTOMATIC WORKING SYSTEM
Applicant name
Positec Power Tools (Suzhou) Co., Ltd
Opponent name
Husqvarna AB
Board
3.4.03
Headnote
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Relevant legal provisions
European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 123(3)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(4)
Keywords
Grounds for opposition - claim 1 as granted
Grounds for opposition - added subject-matter (yes)
Amendments - auxiliary requests 1 to 11
Amendments - extension beyond the content of the application as filed (yes)
Amendments - auxiliary request 12
Amendments - extension of the protection conferred (yes)
Statement of grounds of appeal - auxiliary requests 13 to 15
Statement of grounds of appeal - reasons set out clearly and concisely (no)
Late-filed auxiliary requests 16 and 17
Late-filed auxiliary requests - should have been submitted in first-instance proceedings
Late-filed auxiliary requests - admitted (no)
Catchword
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Cited cases
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Citing cases
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Order

For these reasons it is decided that:

The appeal is dismissed.