| European Case Law Identifier: | ECLI:EP:BA:2020:T160215.20200114 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 14 January 2020 | ||||||||
| Case number: | T 1602/15 | ||||||||
| Application number: | 07020523.2 | ||||||||
| IPC class: | B41F9/06 B41F9/02 B41F11/02 B41F15/42 |
||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Liquid supply apparatus | ||||||||
| Applicant name: | Komori Corporation | ||||||||
| Opponent name: | KBA-NotaSys SA | ||||||||
| Board: | 3.2.05 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Compliance with the requirements of the EPC (not contested) | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. The opponent filed an appeal against the decision of the opposition division on the amended form in which European patent No. 1 916 104 can be maintained.
II. The oral proceedings before the board took place on 14 January 2020.
III. The appellant (opponent) requested that the decision under appeal be set aside and the patent be revoked.
The respondent (patent proprietor) requested that the decision under appeal be set aside and the patent be maintained in amended form according to one of auxiliary requests I to VI, filed together with the response to the statement of grounds of appeal by letter dated 7 March 2016, or that the case be remitted to the first instance if a new ground of opposition was introduced.
IV. The appellant declared that it had no objections against auxiliary request I.
Reasons for the Decision
The respondent withdrew its main request (maintenance of the patent as upheld by the opposition division) during the oral proceedings before the board. Thus, a decision by the board on the main request is not required.
The appellant has not raised any objection against auxiliary request I. The board sees no good reason to raise objections against this request of its own motion. Therefore, this request is allowed.
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 in amended form on the basis of:
- claims 1 to 16 according to auxiliary request I filed with letter dated 7 March 2016,
- the description page 2 as submitted during the oral proceedings on 14 January 2020 and pages 3 to 6 of the patent specification and
- figures 1 to 9 of the patent specification.
