European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:2013:T075810.20130108|
|Date of decision:||08 January 2013|
|Case number:||T 0758/10|
|IPC class:||C08F 2/50
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Resin composition|
|Applicant name:||Tokuyama Corporation|
|Opponent name:||BASF SE|
|Relevant legal provisions:||
Summary of Facts and Submissions
I. The appeal contests the decision of the opposition division posted 4 February 2010 concerning maintenance of the European Patent No. 1323743 in amended form.
II. On 13 April 2010 the opponent filed an appeal against this decision and paid the appeal fee on the same day. The statement setting out the grounds of appeal was submitted by letter dated and received on 11 June 2010. In this letter the appellant requested that the decision of the opposition division be set aside and that the patent be revoked. Furthermore the appellant filed an auxiliary request for oral proceedings.
III. With a letter dated 7 December 2010, the respondent requested that the appeal be dismissed.
IV. In a communication pursuant to Rule 115(1) EPC, sent on 15 November 2012, the Board summoned the parties to oral proceedings to take place on 23 April 2013.
V. With a letter dated 2 November 2012 the proprietor requested that the patent be revoked.
Reasons for the Decision
For these reasons it is decided that:
The decision of the Opposition Division dated 4 February 2010 is set aside and European patent No. 1323743 is revoked.