T 1721/23 of 21.02.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T172123.20250221
- Date of decision
- 21 February 2025
- Case number
- T 1721/23
- Petition for review of
- -
- Application number
- 18212428.9
- IPC class
- B63B 32/66
- 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
- FIN FOR WATERCRAFT
- Applicant name
- Fin Control Systems Pty. Limited
- Opponent name
- ISA - International Surf Alliance, Lda
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
- Keywords
- Inventive step - main request (no)
Inventive step - obvious combination of known features
Inventive step - auxiliary request 3 (yes)
Inventive step - non-obvious modification
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed evidence - admitted (no)
Late-filed objection - admitted (no)
Amendments - extension beyond the content of the application as filed (no)
Amendments - broadening of claim (no)
Claims - clarity after amendment (yes) - Catchword
- -
- Cited cases
- G 0010/91
- 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 with the order to maintain the patent in amended form with the claims according to auxiliary request 3 filed with the reply to the statement of grounds of appeal and a description to be adapted thereto.