T 0639/24 of 13.05.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T063924.20250513
- Date of decision
- 13 May 2025
- Case number
- T 0639/24
- Petition for review of
- -
- Application number
- 17397512.9
- 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
- A METHOD FOR MANUFACTURING VENEERS
- Applicant name
- UPM Plywood Oy
- Opponent name
- METSÄLIITTO OSUUSKUNTA
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 113(1)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 103(1)(a)European Patent Convention R 111(2)RPBA_2020_Art_012(6)_(2020)_Sent_2Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Substantial procedural violation - violation of the right to be heard (no)
Substantial procedural violation - appealed decision sufficiently reasoned (yes)
Substantial procedural violation - reimbursement of appeal fee (no)
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - added subject-matter (no)
Grounds for opposition - lack of patentability (yes)
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Late-filed objection - admitted (no)
Claims - clarity
Claims - auxiliary request (yes)
Inventive step - auxiliary request (yes) - 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 in amended form with the claims according to auxiliary request 1 filed during opposition proceedings and re-filed with the reply to the statement setting out the grounds of appeal and a description to be adapted thereto if necessary.