T 0142/01 of 22.09.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T014201.20030922
- Date of decision
- 22 September 2003
- Case number
- T 0142/01
- Petition for review of
- -
- Application number
- 93108509.6
- IPC class
- A61F 13/56
- 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
- Absorbent article
- Applicant name
- KIMBERLY-CLARK WORLDWIDE, INC.
- Opponent name
- The Procter & Gamble Company
McNeill-PPC, Inc. - Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973Rules of procedure of the Boards of Appeal Art 11(3)
- Keywords
- Lack of support in description arising out of amendments made in appeal proceedings (yes) (main and first auxiliary request)
Support in description (second auxiliary request) (yes)
Novelty
Inventive step (yes) (second auxiliary request) - 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 to maintain the patent on the basis of the following documents:
- description, pages 2 to 9 and
- claims 1 to 23 of the second auxiliary request, filed during oral proceedings,
- drawings, figures 1 to 9 as granted.