Judgment Nº T 2197/16 European Patent Office Board of Appeal, 2022-05-13

Judgment Date13 May 2022
ECLIECLI:EP:BA:2022:T219716.20220513
Application Number09750253.8
Judgement NumberT 2197/16
opponentTetra Laval Holdings & Finance SA
Applied RulesEuropean Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 106(3)European Patent Convention Art 108European Patent Convention R 97(1)European Patent Convention R 99(1)(c)
Subject MatterNovelty (yes)Novelty - implicit disclosure (no)Inventive step (yes)Inventive step - ex post facto analysisInventive step - problem and solution approachInventive step - non-obvious combination of known featuresGrounds for opposition - insufficiency of disclosure (no)Grounds for opposition - subject-matter extends beyond content of earlier application (no)Grounds for opposition - added subject-matter (no)Grounds for opposition - lack of clarity no ground for oppositionLate-filed facts - submitted with the statement of grounds of appealLate-filed facts - submitted during oral proceedingsLate-filed facts - admitted (no)Amendment after summons - exceptional circumstances (no)Amendment after summons - taken into account (no)Decision on apportionment of costs - not subject of the appeal proceedings
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