T 0668/02 (Overbased metal salt/AFTON CHEMICAL) of 08.03.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T066802.20050308
- Date of decision
- 8 March 2005
- Case number
- T 0668/02
- Petition for review of
- -
- Application number
- 94301584.2
- IPC class
- C10M 163/00
- 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
- Use of overbased additives to improve the gear change properties of oils for synchromesh gears
- Applicant name
- AFTON CHEMICAL LIMITED
- Opponent name
- INFINEUM UK Ltd.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Main request: amendments extending the protection confered by the patent as granted (yes)
Auxiliary request: inventive step (yes) - non-obvious solution - 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 department of first instance with the order to maintain the patent on the basis of Claims 1 to 8 submitted as first auxiliary request during oral proceedings and a description yet to be adapted.