T 2051/16 of 11.09.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T205116.20190911
- Date of decision
- 11 September 2019
- Case number
- T 2051/16
- Petition for review of
- -
- Application number
- 05804236.7
- IPC class
- B60K 15/04
- 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
- ANTI SIPHON TANK INLET AND METHOD
- Applicant name
- Tiss Limited
- Opponent name
- FuelDefend Global Limited
- Board
- 3.2.01
- 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 123(2)European Patent Convention Art 54(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Sufficiency of disclosure - (yes)
Evidence of alleged public prior use
Evidence - not sufficiently proven
Amendments - main request
Amendments - extension beyond the content of the application as filed (yes)
Amendments - first auxiliary request
Amendments - allowable (yes)
Admissibility of first auxiliary request (yes)
Novelty - first auxiliary request (yes)
Admissibility of new line of attack on inventive step - (no)
Inventive step - first auxiliary request (yes) - Catchword
- -
- Cited cases
- -
- 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 department of first instance with the order to maintain the patent in amended form in the following version:
- claims 1 to 12 according to the first auxiliary request filed with the letter dated 21 March 2017;
- description: columns 1 and 2, 5 to 8 of the patent specification; columns 3 and 4 as filed during oral proceedings;
- figures 1 to 4 of the patent specification.