T 0229/07 (Hydroalcoholic compositions/3M) of 19.01.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T022907.20100119
- Date of decision
- 19 January 2010
- Case number
- T 0229/07
- Petition for review of
- -
- Application number
- 97950995.7
- IPC class
- A01N 31/02
- 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
- Hydroalcoholic compositions thickened using surfactant/polymer complexes
- Applicant name
- MINNESOTA MINING AND MANUFACTURING COMPANY
- Opponent name
- Bode Chemie GmbH & Co.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admission of a document not admitted before the opposition division (yes) - more relevant than the previously cited documents
Admission of amended claims submitted during oral proceedings (yes) - amendments specified in a previous letter
No grounds under Article 100(b) or (c) prejudice the maintenance of the patent
Novelty (yes)
Main Request: Inventive step (no) - obvious alternative suggested in the closest prior art
First Auxiliary Request: Inventive step (yes)
Remittal to the first instance with the order to adapt the description - Catchword
- -
- 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 on the basis of the First Auxiliary Request (claims 1-18) filed at the oral proceedings on 19 January 2010 and after any necessary consequential amendment of the description.