T 0221/03 (Diesel additive/EXXONMOBIL) of 01.08.2005

European Case Law Identifier: ECLI:EP:BA:2005:T022103.20050801
Date of decision: 1 August 2005
Case number: T 0221/03
Online on: 31 August 2005
Petition for review of: -
Application number: 98902735.4
IPC class: C10L 1/08
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: -
Applicant name: ExxonMobil Research and Engineering Company
Opponent name: -
Board: 3.3.06
Headnote: -
Relevant legal provisions: European Patent Convention Art 54 1973 European Patent Convention Art 56 1973 European Patent Convention Art 84 1973 European Patent Convention Art 111 1973 European Patent Convention Art 123(2) 1973
Keywords: Compliance with Articles 84 and 123(2) EPC (yes, after amendment)
Novelty (yes): composition of starting feed, of blended components and of final product not specified in the prior art documents
Inventive step (yes)
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 grant a patent with the following documents:

(a) Claims 1 to 12 and pages 2, 2a, 5 to 10, 12 and 13 of the description as filed under cover of the letter of 1 July 2005;

(b) Pages 1a to 1d, 11 and 14 and figure 1/1 as filed under cover of the letter of 15 February 2002;