T 1305/06 of 12.11.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T130506.20081112
- Date of decision
- 12 November 2008
- Case number
- T 1305/06
- Petition for review of
- -
- Application number
- 99913213.7
- IPC class
- C08F 10/08
- 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
- Polybutene-1 (co)polymers and process for their preparation
- Applicant name
- Basell Poliolefine Italia S.r.l.
- Opponent name
- Mitsui Chemicals Inc.
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Amendments - added subject-matter (no)
Novelty (yes)
Inventive step (yes)
New inventive step attack advanced for the first time at oral proceedings based on new closest prior art (not admitted) - Catchword
- See paragraph 5.5
- 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 as amended in the following version:
Description:
Pages 3-8 of the patent specification
Page 2 filed during the oral proceedings of 10 May 2006
Claims:
1-24 according to the main request filed with the letter dated 10 October 2008.