T 0095/24 of 20.05.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T009524.20260520
- Date of decision
- 20 May 2026
- Case number
- T 0095/24
- Online on
- 19 June 2026
- Petition for review of
- -
- Application number
- 14183772.4
- IPC class
- A61F 13/537A61F 13/475A61F 13/494
- 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
- Absorbent structure with edge barrier
- Applicant name
- Drylock Technologies N.V.
- Opponent name
- Ontex BV
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 12(3)European Patent Convention Art 100(a)Rules of procedure of the Boards of Appeal Art 13(2)Rules of procedure of the Boards of Appeal Art 12(6)European Patent Convention Art 113(1)European Patent Convention R 111(2)European Patent Convention Art 111(1)Rules of procedure of the Boards of Appeal Art 11European Patent Convention R 103(1)(a)
- Keywords
- Sufficiency of disclosure - main request (yes)
Novelty - main request (yes)
Amendment to case - D1 and D15
Amendment to case - exercise of discretion
Remittal to the department of first instance
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation (yes)
Remittal - fundamental deficiency in first instance proceedings (yes)
Late-filed inventive step objections - should have been submitted in first-instance proceedings (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The case is remitted to the opposition division for further prosecution.
The appeal fee is reimbursed.