Judgment Nº T 1656/17 European Patent Office Board of Appeal, 13 January 2023

Judgment Date13 January 2023
ECLIECLI:EP:BA:2023:T165617.20230113
Application Number08745686.9
Judgement NumberT 1656/17
opponentD Young & Co LLP
Applied RulesEuropean Patent Convention Art 56European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention Art 123(2)European Patent Convention R 106
Subject MatterBoard limited to examine objections of lack of inventive step dealt with in the appealed decision (no)Re-opening the debate on the main request (no)Re-opening the debate on auxiliary request 1 (yes, but only on a specific point)Oral submissions by an accompanying person (yes)Postponement of the oral proceedings (no)Reply to the statement of grounds of appeal - sufficient substantiation of objections of lack of inventive step (yes)Evidence - amendment after summonsEvidence - admitted (yes)Evidence - exceptional circumstances (yes)Auxiliary request 3a - amendment after summons - admitted (yes) - exceptional circumstances (yes)Remittal to the opposition divisionRemittal - (no)Main request (patent as granted) - inventive step - (no)Auxiliary requests 1, 2, 3a, 4, 6 - inventive step - (no)Auxiliary request 5 - amendments - added subject-matter (yes)Objections 1 to 6 under Rule 106 EPC - all dismissed
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