T 0078/24 of 02.09.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T007824.20250902
- Date of decision
- 2 September 2025
- Case number
- T 0078/24
- Petition for review of
- -
- Application number
- 11772954.1
- IPC class
- C23C 16/54C03C 17/00C23C 14/56
- 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
- MODULAR COATER SEPARATION
- Applicant name
- AGC Glass Europe
- Opponent name
- Bühler AG
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty - main request (no)
Inventive step - post-published evidence taken into account (yes)
Amendment to case - evidence
Amendment after summons - exceptional circumstances (no) - Catchword
- -
- 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 as amended in the following version:
Claims:
- No. 1 to 10 of auxiliary request D filed with the statement setting out the grounds of appeal
Description:
- Paragraphs [0014], [0016], [0017], [0018], [0021], [0047], the heading before paragraph [0050], and paragraph [0052], as filed during the oral proceedings before the Board
- Paragraphs [0001] to [0013], [0015], [0019], [0020], [0022] to [0046], [0048] to [0049], [0050] to [0051], [0053] to [0057] of the patent specification
Drawings:
- Figures 1 and 2 of the patent specification