Success of mechanical engineering department of BOEHMERT & BOEHMERT in Appeal
On July 8, 2022, denim producer Calik Denim Tekstil San. Ve Tic. A.S., represented by Nils T. F. Schmid and Paul Schieler (BOEHMERT & BOEHMERT), achieves in cooperation with seven further opponents the rejection of the appeal against the revocation of the European patent EP 2 539 493 B1.
While the patent in its granted version had been revoked in the first instance on grounds of lack of novelty, the Boards of Appeal now followed the argumentation of patent attorney Nils T. F. Schmid, according to which the granted version of the patent must be revoked already on grounds of lack of sufficiency of disclosure. An attempt of the patent owner to save the patent by auxiliary requests filed after the due date for the grounds of appeal failed in the light of the 2019 tightened Rules of Procedure of the Boards of Appeal (RPBA). The pending statement of reasons of the boards of appeal could be pioneering for the interpretation of the new Rules of Procedure of the Boards of Appeal (RPBA).