T 1105/00 (Soft tissue/KIMBERLY) of 21.10.2003

European Case Law Identifier: ECLI:EP:BA:2003:T110500.20031021
Date of decision: 21 October 2003
Case number: T 1105/00
Petition for review of: -
Application number: 94109734.7
IPC class: D21H 27/30
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: Soft tissue product and process of making same
Applicant name: KIMBERLY-CLARK WORLDWIDE, INC.
Opponent name: The Procter & Gamble Company
Board: 3.3.06
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2) 1973 European Patent Convention Art 54 1973 European Patent Convention Art 56 1973 European Patent Convention Art 84 1973 European Patent Convention R 57a 1973
Keywords: Eighth to tenth auxiliary request: added subject-matter (yes)
Late filed evidence in relation to the appellant-opponent's prior use: (not admitted) - not prima facie relevant
Main and first to seventh and eleventh to thirteenth auxiliary request: novelty (yes)
Main and first to seventh auxiliary request: inventive step (no) - obvious desiderata
Eleventh auxiliary request: inventive step (yes) - the product of an inventive process is itself based on an inventive step
Catchword: -
Cited cases: T 0595/90 T 0472/92 T 0233/93 T 0793/93 T 0363/96 T 0823/96 T 0329/99 T 0131/01
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 to maintain the patent on the basis of Claims 1 to 12 of the eleventh auxiliary request filed during the oral proceedings, a description to be adapted thereto and the drawings 1 to 10 as granted.