T 0001/00 of 16.12.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T000100.20041216
- Date of decision
- 16 December 2004
- Case number
- T 0001/00
- Online on
- 22 March 2005
- Petition for review of
- -
- Application number
- 93111913.5
- IPC class
- B01J 23/78
- 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
- -
- Abstracts for this decision
- -
- Application title
- Improved catalyst and process for oxychlorination of ethylene to EDC
- Applicant name
- Oxy Vinyls L.P.
- Opponent name
- SÜD-CHEMIE AG
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 104(1) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 114(2) 1973
- Keywords
- Novelty and inventive step: with respect to documents D1 to D5 (yes), with respect to late filed document D6 (remittal)
Late filed document D6 - admitted
Remittal - (yes)
Apportionment of costs - (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. Document D6 is admitted into the proceedings.
3. The case is remitted to the department of first instance for further prosecution.
4. The costs shall be apportioned so that the Appellant shall pay the Respondent:
(a) the costs charged by the Respondent's European professional representative to the Respondent for the participation in the oral proceedings before the Board; and
(b) the expenses (travelling, accommodation) for the accompanying person at the oral proceedings before the Board.