T 1523/23 (Display with reduced colour shift/TOPPAN PRINTING) of 13.10.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T152323.20251013
- Date of decision
- 13 October 2025
- Case number
- T 1523/23
- Petition for review of
- -
- Application number
- 17792774.6
- 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
- -
- Application title
- Display Body
- Applicant name
- Toppan Printing Co., Ltd.
- Opponent name
- Giesecke+Devrient Currency Technology GmbH
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 011
- Keywords
- Grounds for opposition - lack of patentability (yes)
Inventive step - (no)
Inventive step - obvious alternative
Remittal - (yes) - Catchword
- 1. Holding oral proceedings before an opposition division by videoconference against the will of a party does not, as such, infringe that party's right to be heard, even in the absence of travel restrictions. Any alleged infringement must be substantiated by the specific circumstances of the individual case (see Reasons 2.1 to 2.7).
2. In the assessment of inventive step of a device, i.e. a physical artefact, advantages of the manufacturing process do not carry over to the claimed device itself. The relevant case law is that concerning product-by-process claims, not that in the field of chemistry relating to intermediate chemical compounds arising in a non-obvious chemical process (see Reasons 3.12 to 3.15). - 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.