T 0224/01 (Hydraulic fluids/SOLUTIA) of 07.04.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T022401.20050407
- Date of decision
- 7 April 2005
- Case number
- T 0224/01
- Online on
- 26 July 2005
- Petition for review of
- -
- Application number
- 93914295.6
- IPC class
- C10M 105/74
- 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
- Functional fluid
- Applicant name
- Solutia Inc.
- Opponent name
- EXXON MOBIL RESEARCH AND ENGINEERING COMP.,
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Inventive step (yes) - non-obvious solution of the technical problem underlying the patent in suit - could/would approach
Reimbursement of the appeal fee (no) - no successful appeal to the extent requested - Catchword
- -
- Cited cases
- -
- 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 28 of the main request submitted at oral proceedings on 7 April 2005 and a description yet to be adapted thereto.
3. The request for reimbursement of the appeal fee is refused.