T 0629/19 - Allegedly forced by the OD

[p.j.d...@gmail.com]

from Just Patent Law Blog https://justpatentlaw.blogspot.com/
T 0629/19 - Allegedly forced by the OD
https://justpatentlaw.blogspot.com/2022/10/t-062919-allegedly-forced-by-od.html

Key points

•  "According to the minutes of the oral proceedings before the Opposition Division [] the opponent withdrew a previously raised objection of lack of inventive step in view of the combination of D3a and D26. [...] "
• "The opponent's argument that it was forced by the Opposition Division to withdraw the objection is an unsubstantiated assertion. The opponent could and should have maintained the objection if it had wished to obtain an appealable decision on the matter. For these reasons, in accordance with Article 12(4) RPBA 2007, the Board does not admit the objection on the basis of D3a in combination with D26 into the appeal proceedings."

EPO 

The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.

https://justpatentlaw.blogspot.com/2022/10/t-062919-allegedly-forced-by-od.html