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Updates on EPC, PCT, EPO case law and the e-EQE
T 1111/19 – On the applicability of R 139 in opposition
The patent relates to a silencer unit for a motor vehicle as well to an exhaust system for a motor vehicle using such a silencer unit.
Brief outline of the case
The patent was revoked by the OD as claim 1 as granted was infringing Art 123(2). The same applied to AR 1-3.
T 1968/18 – Remittal in order to adapt the description – Yes or No?
The patent relates to a method of printing ink and in particular to a method of printing UV-curable ink.
Brief outline of the case
Contrary to the OD, the board considered that the new MR filed during opposition was not unduly extended.
It has further decided that the MR was patentable over all documents cited by the opponent.
T 574/17 - Prima facie relevance of late-filed objections - Art 13(2) RPBA20 and G 10/91
The patent relates to acoustic elements formed of air laid mineral fibres and their production.
Brief outline of the case
The opponent appealed the rejection of the opposition by the OD.
In appeal, the opponent requested that the decision of the OD be set aside and the patent be revoked.
R 3/22 – 10th Decision under Art112a leading to reopening of the appeal procedure
Brief outline of the case
On 28.09.2021, the applicant’s professional representative stated in a letter to the board that the applicant withdrew the pending appeal.
On 29.09.2021, the applicant’s representative withdrew the “request” to withdraw the appeal, explaining that the request for withdrawal was based on an erroneous interpretation of the client’s instructions.