T 0077/18 (Dental composite / KERR CORPORATION) vom 21.01.2022

Novelty - implicit disclosure (no)
Inventive step - (yes)
Grounds for opposition - late-filed ground for opposition

The respondent's requests regarding the ground for opposition under Article 100 c) EPC confront the Board with the issue of admittance of a new ground for opposition which was raised during the oral proceedings before the opposition division but had deliberately not been decided upon by the opposition division. In the absence of a positive decision on admittance by the opposition division, the Board considers that the ground for opposition under Article 100 c) EPC should be treated as a fresh ground at the appeal stage and its admittance should be governed by the principles set forth in G 10/91, which require the proprietor's consent for its introduction in the appeal proceedings. In view of the appellant's refusal thereto, the ground for opposition under Article 100 c) is not to be introduced in the appeal proceedings.