T 1208/03 (Ester based lubricants/UNICHEMA) of 10.08.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T120803.20060810
- Date of decision
- 10 August 2006
- Case number
- T 1208/03
- Petition for review of
- -
- Application number
- 95937060.2
- IPC class
- C10M 105/34
- 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
- Ester based lubricant and use in four-stroke engines
- Applicant name
- UNICHEMA CHEMIE B.V.
- Opponent name
- FUCHS PETROLUB AG
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Main request: disclosure of a combination of features as claimed - support in the application as filed (yes)
Auxiliary request: inventive step (yes) - non-obvious solution - Catchword
- -
- Citing cases
- T 2899/18
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 with the following documents:
Claims 1 to 15 of the new Main Request filed at the oral proceedings on 10 August 2006 and a description yet to be adapted.