T 0021/24 of 14.03.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T002124.20250314
- Date of decision
- 14 March 2025
- Case number
- T 0021/24
- Online on
- 17 March 2025
- Petition for review of
- -
- Application number
- 17707847.4
- IPC class
- B65D 6/06B65D 25/00B65D 21/02
- 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
- GOODS DELIVERY SYSTEM
- Applicant name
- Ocado Innovation Limited
- Opponent name
- BITO-Lagertechnik Bittmann GmbH
Autostore Technology AS (opposition withdrawn) - Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention Art 123(2)European Patent Convention R 103(1)(a)European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(8)Rules of procedure of the Boards of Appeal 2020 Art 015(1)
- Keywords
- Form of decision - decision in writing without oral proceedings
Amendments - allowable (no)
Substantial procedural violation - appealed decision sufficiently reasoned (no)
Remittal - fundamental deficiency in opposition proceedings (yes)
Reimbursement of appeal fee - (yes)
Reimbursement of appeal fee - appealed decision reasoned (no) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The appeal of the patent proprietor is dismissed.
2. The decision under appeal is set aside.
3. The case is remitted to the opposition division for further prosecution.
4. The appeal fee paid by opponent 1 is reimbursed.