T 0793/00 of 17.07.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T079300.20030717
- Date of decision
- 17 July 2003
- Case number
- T 0793/00
- Petition for review of
- -
- Application number
- 91102007.1
- IPC class
- C08K 13/02
- 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
- Thermoplastic resin composition
- Applicant name
- MITSUI CHEMICALS, INC.
- Opponent name
- DSM N.V. Patent Department
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 57a 1973
- Keywords
- Amendments - not occasioned by grounds of opposition (main request: not allowable)
Claims - clarity (main request: no, first auxiliary request: yes)
Claims - interpretation (first auxiliary request)
Inventive step - problem and solution (first auxiliary request: yes) - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The main request is refused.
3. The case is remitted to the first instance with the order to maintain the patent on the basis of Claims 1 to 5 according to the first auxiliary request submitted with the letter dated 6. May 2003 and after any necessary consequential amendment of the description.