T 0864/06 (Coating compositions/PPG) of 15.09.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T086406.20090915
- Date of decision
- 15 September 2009
- Case number
- T 0864/06
- Online on
- 30 October 2009
- Petition for review of
- -
- Application number
- 98934427.0
- IPC class
- C09D 133/06
- 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
- Film-forming compositions
- Applicant name
- PPG Industries Ohio, Inc.
- Opponent name
- Resolution Research Nederland B.V.
Akzo Nobel N.V.
BASF Coatings AG - Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2)European Patent Convention R 42(1)(c)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Late filed evidence - not admitted
Inventive step (yes) - non-obvious alternative - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The test report submitted by the Respondent (Patentee) with a letter dated 12 August 2009 is not admitted into the proceedings.
2. The decision under appeal is set aside.
3. The case is remitted to the department of first instance with the order to maintain the patent as amended in the following version:
Description
Pages 2 to 10 received during oral proceedings on 15 September 2009.
Claims
Claims 1 to 12 filed with the letter dated 1 July 2004.