T 1449/23 of 19.03.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T144923.20250319
- Date of decision
- 19 March 2025
- Case number
- T 1449/23
- Online on
- 23 April 2025
- Petition for review of
- -
- Application number
- 17817237.5
- IPC class
- B42D 25/29
- 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
- Security document with positive and negative authentication tilt images
- Applicant name
- IDEMIA The Netherlands B.V.
- Opponent name
- Giesecke+Devrient Mobile Security GmbH
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 111(1)European Patent Convention R 103(1)(a)Rules 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 012(6)
- Keywords
- Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed evidence - admitted (no)
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Late-filed objection - admitted (no)
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - lack of novelty (no)
Grounds for opposition - lack of inventive step (no)
Appeal decision - remittal to the department of first instance (yes)
Reimbursement of appeal fee - (yes)
Reimbursement of appeal fee - substantial procedural violation (yes) - Catchword
- -
- Cited cases
- -
- 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 department of first instance for further prosecution.
3. Reimbursement of the appeal fee in full is ordered.