T 0870/07 (Epoxy enantiomer/NISSAN) of 06.10.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T087007.20091006
- Date of decision
- 6 October 2009
- Case number
- T 0870/07
- Petition for review of
- -
- Application number
- 03018398.2
- IPC class
- C07D 405/14
- 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
- Optically active epoxy compound
- Applicant name
- NISSAN CHEMICAL INDUSTRIES LTD.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 111(2)European Patent Convention Art 123(2)European Patent Convention Art 76(1)European Patent Convention Art 83European Patent Convention Art 84European Patent Convention Art 92European Patent Convention R 71(2)Rules of procedure of the Boards of Appeal Art 12(1)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Request filed in the appeal proceedings: within the scope of the appeal (yes); search report encompassing the new claimed subject-matter (yes); novelty (yes); sufficiency of disclosure (yes); remittal for assessment of inventive step (yes) since the decision of the first instance is silent regarding this issue.
- 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 department of the first instance for further prosecution.