R0755/2025-3

• ›Applicant (appellant) argued the contested ring locking washer RCD (filed 2012, product 'Schrauben - Unterlagscheiben') lacked individual character over prior designs D1-D4 published on holder's own website in February 2011; at appeal, also submitted patent documents (WIP-05 to WIP-08) arguing the radial tooth arrangement was purely technically dictated under Art. 8(1) and should be discounted, and that the product was a component of a complex product (Art. 4(2)).
• ›Holder (respondent) did not participate at first instance; at appeal, sought rejection of new evidence (WIP-05 to WIP-08) as late and inadmissible; argued low designer freedom, RCD has individual character due to differences in tooth orientation, ring shape, bevel/rounding, and colour compared to D1-D4; also identified an additional distinguishing feature (protruding chiselled structure visible in side view).
• ›Board admitted late submissions WIP-05 to WIP-08 as potentially relevant to challenge first-instance findings on overall impression, but rejected additional prior designs D5 and D6 (from WIP-08) as inadmissible expansion of the invalidity application scope; confirmed the product is not a component of a complex product under Art. 4(2).
• ›Board upheld the first-instance finding of individual character: the contested RCD differs from each of D1-D4 in the radial (vs. angled) orientation and outward protrusion of the wedge-shaped serrations, the bevelled (vs. absent or rounded) ring edges, and darker blue colour; applicant failed to prove under Art. 8(1) that the serration arrangement was exclusively technically dictated; appeal dismissed.

• ChairG. Humphreys Bacon
• RapporteurE. Fink
• MemberC. Bartos
• RegistrarM. Chaleva

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