T 0809/02 (Dental composition and kit/TOKUYAMA CORPORATION) of 16.06.2005

European Case Law Identifier: ECLI:EP:BA:2005:T080902.20050616
Date of decision: 16 June 2005
Case number: T 0809/02
Petition for review of: -
Application number: 95308275.7
IPC class: A61K 6/00
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: Dental composition and kit
Applicant name: TOKUYAMA CORPORATION
Opponent name: 3M ESPE AG
Board: 3.3.02
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(3) 1973 European Patent Convention Art 164(1) 1973 European Patent Convention Art 54 1973 European Patent Convention Art 56 1973 European Patent Convention Art 69 1973
Keywords: Admissibility of late filed requests (yes): all the late filed requests were a response to previous discussions
Main request, first and second auxiliary requests: allowability (no). They extend the scope of protection
Third, fourth, fifth and sixth auxiliary requests: novelty (no). The dental adhesive kit is anticipated by the prior art
Seventh and eighth auxiliary requests: inventive step (no). The objective problem is to provide alternative dental compositions to those known in the art and the solution results from an obvious combination of the prior art teachings
Catchword: -
Cited cases: G 0002/88 G 0009/92 T 0346/96 T 0190/99
Citing cases: -

ORDER

For these reasons it is decided that:

The decision under appeal is set aside.

The patent is revoked.