T 1224/24 of 25.02.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T122424.20250225
- Date of decision
- 25 February 2025
- Case number
- T 1224/24
- Petition for review of
- -
- Application number
- 18912633.7
- 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
- Abstract on Rule 071(3) EPC
- Application title
- AEROSOL GENERATION DEVICE, CONTROL METHOD, AND PROGRAM
- Applicant name
- Japan Tobacco Inc.
- Opponent name
- -
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(2)European Patent Convention Art 153(4)European Patent Convention Art 94(3)European Patent Convention Art 97(1)European Patent Convention R 101(1)European Patent Convention R 103(1)(a)European Patent Convention R 140European Patent Convention R 159(1)(b)European Patent Convention R 71(3)European Patent Convention R 71(5)European Patent Convention R 71(6)
- Keywords
- Admissibililty of appeal - appellant adversely affected depite decision to grant a patent (yes)
Deemed approval of the text for grant under Rule 71 (5) EPC (no)
Substantial procedural violation - patent granted without approval of the text for grant (yes) - Catchword
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the examining division with the order to grant a patent on the basis of the following documents:
- Description : pages 1, 1a and 2-53 as contained in the "Druckexemplar" annexed to the communication of the examining division under Rule 71(3) EPC of 13 December 2023
- Claims 1-14 as contained in the "Druckexemplar" annexed to the communication of the examining division under Rule 71(3) EPC of 13 December 2023,
- Figures: original drawings sheets 1/52, 2/52, 4/52 to 27/52, 29/52 to 36/52, 38/52, 39/52 and 41/52 to 52/52, as well as amended drawing sheets 3/52, 28/52, 37/52 and 40/52 filed upon entry into the regional phase before the EPO.