European Patent Office

T 0438/02 (Protease/THE PROCTER & GAMBLE COMPANY) of 06.05.2004

European Case Law Identifier
ECLI:EP:BA:2004:T043802.20040506
Date of decision
6 May 2004
Case number
T 0438/02
Petition for review of
-
Application number
94926670.4
IPC class
C11D 3/386
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Light duty liquid or gel dishwashing detergent compositions containing protease
Applicant name
THE PROCTER & GAMBLE COMPANY
Opponent name
Henkel KGaA
Board
3.3.06
Headnote
-
Keywords
Novelty (main request, first auxiliary request): no
Disclaimer (second auxiliary request): not allowable since anticipation was not accidental
Inventive step (third auxiliary request) - yes: ex post facto analysis not allowable
Catchword
-
Cited cases
G 0001/03
Citing cases
T 0084/01

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 10 of the third auxiliary request submitted at the oral proceedings, and a description to be adapted.