T 1232/03 (Automatic transmission fluid/INFINEUM) of 14.09.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T123203.20060914
- Date of decision
- 14 September 2006
- Case number
- T 1232/03
- Petition for review of
- -
- Application number
- 98911812.0
- 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
- Method of improving anti-shudder durability of power transmission fluids
- Applicant name
- Ethyl Corporation
- Opponent name
- Infineum USA L.P.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973
- Keywords
- Lack of novelty objection due to prior use submitted with the statement of grounds of appeal: late filed (yes) - not admitted into the appeal proceedings as not prima facie relevant.
Technical report submitted after the statement of grounds of appeal by the Appellant: late filed (yes) - not admitted into the appeal proceedings as not prima facie relevant.
Technical reports submitted by the Appellant one month before the oral proceedings: late filed (yes) - not admitted into the proceedings - no opportunity for the Respondent to take position.
Main request, first and second auxiliary requests: inventive step (no) - no improvement within the whole claimed area - obvious alternative.
Third auxiliary request: inventive step (no) - alleged effect not credibly achieved for all claimed alternatives - extent of the claimed monopoly not justified by the technical contribution to the art.
Fourth auxiliary request: inventive step (yes) - non obvious alternative. - 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 first instance with the order to maintain the patent on the basis of the fourth auxiliary request filed with letter dated 16 September 2004 (Claims 1 to 10 set B) and a description to be adapted.