T 1351/10 () of 4.3.2013

European Case Law Identifier: ECLI:EP:BA:2013:T135110.20130304
Date of decision: 04 March 2013
Case number: T 1351/10
Application number: 05425150.9
IPC class: B60H 1/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 147 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Air treatment assembly for vehicles with an improved gasket for the fireproof wall
Applicant name: DENSO THERMAL SYSTEMS S.p.A.
Opponent name: Behr GmbH & Co. KG
Board: 3.2.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 123(2)
Rules of procedure of the Boards of Appeal Art 12(4)
Rules of procedure of the Boards of Appeal Art 13(1)
Keywords: Admission into proceedings (Main Request; First Auxiliary Request, Third Auxiliary Request and Fourth Auxiliary Request) - (no)
Amendment extends beyond the content of application as filed (Second Auxiliary Request) - (yes)
Catchwords:

A change of professional representative is not an objective excuse for not filing appropriate requests along with the statement of grounds of appeal, and in particular for not maintaining the main request underlying the decision under appeal. In fact, this rather presupposes a deliberate choice by the appellant. In any case, a change of representative at the time of filing the statement of grounds of appeal certainly cannot justify the filing of the main request only one month before the date of oral proceedings before the board (cf. point 2 of the Reasons).

Cited decisions:
-
Citing decisions:
-

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t101351eu1.html

Date retrieved: 17 May 2021

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