T 1175/03 of 08.03.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T117503.20040308
- Date of decision
- 8 March 2004
- Case number
- T 1175/03
- Online on
- 23 March 2004
- Petition for review of
- -
- Application number
- 97905990.4
- IPC class
- C08G 63/86
- 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
- Process for preparing copolyesters of terephthalic acid, ethylene glycol, and 1,4-cyclohexanedimethanol exhibiting a neutral hue, high clarity and increased brightness
- Applicant name
- EASTMAN CHEMICAL COMPANY
- Opponent name
- -
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention R 67 1973
- Keywords
- Rejection based on new claims - substantial procedural violation (yes)
Remittal to the first instance
Reimbursement of the appeal fee (yes) - Catchword
- -
- Cited cases
- T 0316/95
- 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 Examining Division for further prosecution on the basis of Claims 1 to 13 filed by the Appellant with the Statement of Grounds of Appeal on 29. October 2003.
3. Reimbursement of the appeal fee is ordered.