T 1037/07 of 29.09.2009

European Case Law Identifier: ECLI:EP:BA:2009:T103707.20090929
Date of decision: 29 September 2009
Case number: T 1037/07
Online on: 20 October 2009
Petition for review of: -
Application number: 97949439.0
IPC class: A61F 13/15
Language of proceedings: English
Distribution: No distribution (D)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: Disposable absorbent article with a skin care composition on an apertured topsheet
Applicant name: THE PROCTER & GAMBLE COMPANY
Opponent name: KIMBERLY-CLARK WORLDWIDE, INC.
SCA Hygiene Products AB
Board: 3.2.06
Headnote: -
Relevant legal provisions: European Patent Convention Art 56
Keywords: Inventive step (main and auxiliary request 3 - no; auxiliary request 7 - yes)
Catchword: -
Cited cases: -
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 Opposition Division with the order to maintain the European patent on the basis of:

(a) Claims 1 to 13 according to Auxiliary Request 7 filed with the letter dated 28 January 2008;

(b) Description pages numbered 3 and 5 as filed during the oral proceedings and pages numbered 2, 4 and 6 to 15 as granted;