Key points

The Board in translation: "The Board is aware that the argument of lack of novelty of claim 1 of auxiliary request 8 in relation to document E1 was first raised during the oral proceedings before the Board. However, for the reasons explained below, the Board cannot conclude that this violated the right to be heard (Article 113(1) EPC) of the respondent [p...

Key points

The Opposition Division had decided that the amendments leading to Auxiliary Request 2 did not meet the requirements of Rule 80 EPC. ... The set of claims of auxiliary claim 2 comprises four independent claims [by splitting claim 1]. The proprietor appeals.The Board in translation: "The Board does not follow this view, but considers the amendments to...

Key points

Under the PSA, the CPA or starting point document must be a 'feasible' document. What happens if you try the PSA from a document that is not suitable?

Claim 1 as granted defines: "A medical device containing a separately prepared freeze-dried...

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"Positive admittance decisions by departments of first instance are not regulated in Article 12(6), first sentence, RPBA. Having said this, in this Board's opinion such decisions are still subject to a board's limited power to review discretionary decisions of departments of first instance (see G 7/93, Reasons 2.6; for claim requests, see also T 1202/19, ...

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"The respondent [proprietor] argued that document D20 should not be admitted into the appeal proceedings, contending that the reasoning provided by the opposition division for admitting this document was insufficient, as late-filed documents should only exceptionally be admitted if there are reasons to suspect that such late-filed documents prejudice the ...