T 0776/24 of 12.03.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T077624.20260312
- Date of decision
- 12 March 2026
- Case number
- T 0776/24
- Online on
- 23 April 2026
- Petition for review of
- -
- Application number
- 16906418.5
- IPC class
- E01F 15/14
- 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
- DAMPING DEVICE
- Applicant name
- OAO "Zavod Prodmash"
- Opponent name
- Industry AMS S.r.l.
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 69European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)Rules of procedure of the Boards of Appeal 2020 Art 013(2)European Patent Convention Art 123(3)
- Keywords
- Inventive step - ex post facto analysis
Inventive step - could-would approach
Inventive step - non-obvious modification
Inventive step - auxiliary request (yes)
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - amendment of figures resulting in extension of subject-matter (yes)
Amendment after summons - exceptional circumstances (yes)
Amendment after summons - taken into account (yes)
Amendments - broadening of claim (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 a patent as amended in the following version:
Claims:
No. 1 to 3 according to auxiliary request 00 filed with the letter of 15 December 2025
Description:
of the patent specification
Drawings:
Figures of auxiliary request 0 filed with the reply to the grounds of appeal on 6 December 2024