T 0959/00 of 21.01.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T095900.20050121
- Date of decision
- 21 January 2005
- Case number
- T 0959/00
- Petition for review of
- -
- Application number
- 94906456.2
- IPC class
- C08F 220/18
- 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
- Copolymers of unsaturated fatty esters, their use as viscosity improver and lubricating oil containing said copolymers
- Applicant name
- THE LUBRIZOL CORPORATION
- Opponent name
- Röhm GmbH & Co. KG
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 117(1) 1973European Patent Convention R 67 1973
- Keywords
- Alleged prior use - witness offered but no heard by opposition division
Remittal to opposition division (procedural violation) - Catchword
- -
- 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 first instance with the order for further prosecution taking into account the requirements of Article 113(1) EPC, in particular in relation to the question of hearing the witness.