T 0435/07 of 10.09.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T043507.20120910
- Date of decision
- 10 September 2012
- Case number
- T 0435/07
- Petition for review of
- -
- Application number
- 01203415.3
- IPC class
- B01J 35/04B01J 35/02C01B 15/023B01J 21/08B01J 32/00B01J 37/02B01J 35/06B01J 10/00B01J 21/16
- 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
- Catalyst carrier comprising a fibre paper impregnated with micro fibres, process for its production and its uses
- Applicant name
- Akzo Nobel N.V.
Eka Chemicals AB - Opponent name
- -
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)
- Keywords
- Basis of the decision - right to be heard (no)
- Catchword
- The grounds on which a decision is based must be communicated to the applicants in such a way that they are put in the position to defend their rights. It is not sufficient to raise an objection without giving the factual details on which this objection is based and then leave it to the applicants to formulate the counterarguments. An objection against the grant of a patent must be raised in such a way that the applicants are able to understand its factual basis and to react accordingly without having to guess first what the examining division might have had in mind.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for further prosecution.
3. The appeal fee shall be reimbursed.