T 0224/12 of 02.02.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T022412.20160202
- Date of decision
- 2 February 2016
- Case number
- T 0224/12
- Online on
- 22 June 2016
- Petition for review of
- -
- Application number
- 02751077.5
- IPC class
- C08F 210/06C08F 297/08
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- PROPYLENE RANDOM COPOLYMER
- Applicant name
- Borealis Technology Oy
- Opponent name
- SABIC Petrochemicals B.V.
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admissibility of appeal - (yes) Party adversely affected
Late filed ground not admitted- correct exercise of discretion by the opposition division
Late-filed argument - adjournment of oral proceedings would have been required (yes)
Main request - maintenance in amended form - yes - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent on the basis of the main request (claims 1 to 6) as filed with letter dated 17 December 2015 and after any necessary consequential amendment of the description.