T 0972/05 (TPA filtration/ADVANSA BV) of 17.03.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T097205.20090317
- Date of decision
- 17 March 2009
- Case number
- T 0972/05
- Petition for review of
- -
- Application number
- 94905166.8
- IPC class
- B01D 33/04
- 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
- Filtration process
- Applicant name
- ADVANSA B.V.
- Opponent name
- Pannevis B.V.
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 108European Patent Convention Art 56 1973European Patent Convention R 140European Patent Convention R 89 1973
- Keywords
- Re-dating of decision and correction of mailing date not possible under Rule 89 EPC 1973 (Rule 140 EPC)
Opponent's notice and grounds of appeal filed late - appeal not admissible
Patentee's grounds of appeal filed late - appeal nevertheless admissible applying the principle of protection of legitimate expectations
Terephthalic acid (TPA) filtration method using a vacuum belt filter made available to public - yes
Novelty of TPA filtration method as now claimed - yes
Inventive step - yes: No motivation to design method as claimed - Catchword
- -
- Citing cases
- T 1694/12
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 set of claims 1 to 18 according to the first auxiliary request filed with letter of 2 November 2005, the figures 1 and 2 of the patent as granted, and a description to be adapted.