T 1083/01 of 23.05.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T108301.20050523
- Date of decision
- 23 May 2005
- Case number
- T 1083/01
- Petition for review of
- -
- Application number
- 95650033.4
- IPC class
- C08F 220/04
- 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
- High performance alkali - swellable rheological additives for aqueous systems
- Applicant name
- RHEOX INTERNATIONAL, INC.
- Opponent name
- Coatex S.A.
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention R 67 1973
- Keywords
- Substantial procedural violation (yes)
Refund of appeal fee (yes) - Catchword
- -
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 for further prosecution on the basis of Claims 1 to 11 submitted by the Patent Proprietor with its Statement of Grounds of Appeal filed on 7 December 2001 in relation to the grounds of lack of novelty and lack of inventive step.
3. The reimbursement of the appeal fee of both the Patent Proprietor and the Opponent is ordered.