T 0946/06 of 14.10.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T094606.20081014
- Date of decision
- 14 October 2008
- Case number
- T 0946/06
- Petition for review of
- -
- Application number
- 98120248.4
- IPC class
- C07C 209/48
- 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
- Hydrogenation of nitriles to produce amines
- Applicant name
- AIR PRODUCTS AND CHEMICALS, INC.
- Opponent name
- BASF SE
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(2) 1973European Patent Convention Art 123(2)European Patent Convention Art 54 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 15(5)
- Keywords
- Main request and auxiliary requests 3 and 4
Novelty (yes): specific combination - selection from 2 lists - no modification of examples ex post facto
Inventive step (no): improvement (no) - no fair comparison with prior art - obvious alternative
Auxiliary requests 1, 2 and 2a: amendment extends beyond application as filed
Decision on request as a whole
Oral proceedings: reopening of debate to file fresh request (no) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.