T 0173/25 of 27.01.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T017325.20260127
- Date of decision
- 27 January 2026
- Case number
- T 0173/25
- Online on
- 30 March 2026
- Petition for review of
- -
- Application number
- 14817166.3
- 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
- ABRASIVE ARTICLE INCLUDING SHAPED ABRASIVE PARTICLES
- Applicant name
- Saint-Gobain Ceramics & Plastics, Inc.
- Opponent name
- VSM Vereinigte Schmirgel- und
Maschinen-Fabriken AG - Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 83European Patent Convention Art 54(3)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Main request - Amendments - extension beyond the content of the application as filed (yes) - added subject-matter (yes)
Amendment to appeal case - amendment gives rise to new objections (no)
Amendment to appeal case - amendment overcomes issues raised (yes)
Amendment to appeal case - exercise of discretion
Amendment after notification of Art. 15(1) RPBA communication (yes)
Amendment after notification of Art. 15(1) RPBA communication - exceptional circumstances (yes)
Amendment after notification of Art. 15(1) RPBA communication - cogent reasons (yes)
Amendment after notification of Art. 15(1) RPBA communication - taken into account (yes)
Added subject-matter (no)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (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 as amended in the following version:
Description, Paragraphs:
1-7, 9-12, 14-56,
58-86, 88-98,
101-145 of the patent specification;
8, 13, 87, 99, 100 filed during oral proceedings
before the opposition division on
8 October 2024 for the then
auxiliary request 2; and
57 filed during oral proceedings
before the board on
27 January 2026 for auxiliary
request 2_modified;
Claims, No.:
1 to 10 according to auxiliary request
2_modified, filed during the oral
proceedings before the board on
27 January 2026;
Drawings, Figures:
1 to 10 of the patent specification.