EPO – Silica dispersion/AKZO NOBEL, Technical Board of Appeal 3.3.05, 14 October 2013, Docket No. T 2532/11, with thanks to Bardehle Pagenberg for providing the head note and summary
So far it has been the consistent case law of the Boards of Appeal of the EPO that the appellant may pursue two different strategies in appeal proceedings: either he/she may convince the Board of Appeal that the decision under appeal is wrong or he/she may take away the legal or factual basis of the decision under appeal by making new submissions. In particular, the appealing applicant or proprietor may file amended sets of claims in order to overcome the objections on which the decision under appeal is based. Decision T 2532/11 intends to put an end to this practice.
Read the entire summary in English here.
Read the decision of the TBA here.