T 0414/02 of 15.05.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T041402.20030515
- Date of decision
- 15 May 2003
- Case number
- T 0414/02
- Online on
- 16 July 2003
- Petition for review of
- -
- Application number
- 96106290.8
- IPC class
- C08F 212/08
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Syndiotactic terpolymers of styrene
- Applicant name
- ENICHEM S.p.A.
- Opponent name
- THE DOW CHEMICAL COMPANY
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973
- Keywords
- Amendments - broadening of claim (first auxiliary request: yes; second auxiliary request: no)
Novelty (main request and second auxiliary request: yes)
Inventive step - problem and solution (main request: no; second auxiliary request: yes) - Catchword
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- Cited cases
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- Citing cases
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ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The main and the first auxiliary requests are refused.
3. The case is remitted to the first instance with the order to maintain the patent on the basis of Claims 1 to 7 filed as second auxiliary request by letter dated 9. January 2003 and after any necessary consequential amendment of the description.