T 1042/06 of 16.12.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T104206.20091216
- Date of decision
- 16 December 2009
- Case number
- T 1042/06
- Petition for review of
- -
- Application number
- 93301665.1
- IPC class
- C08F 220/04
- 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
- Method for the production of absorbent resin
- Applicant name
- NIPPON SHOKUBAI CO., LTD.
- Opponent name
- Stockhausen GmbH
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107European Patent Convention Art 123European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Scope of the appeal
Amendments (main request) - added subject-matter (no)
Novelty (main request) - yes
Inventive step (all requests) (no) - Catchword
- The criterion which has to be applied for the assessment of novelty is in principle the same which has to be applied when deciding on the allowability of amendments within the meaning of Article 123(2) EPC, namely as to whether or not the claimed subject-matter is clearly and unambiguously derivable from the prior art and the application as filed, respectively. In the present case, however, the application of this criterion leads to different results regarding the assessment of the amendments of the claims and novelty (Resons point 3.2.3).
- Citing cases
- T 1252/07
ORDER
For these reasons it is decided that:
The appeal is dismissed.