T 1544/07 (Stabilised peroxidicarbonate/ARKEMA) of 19.08.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T154407.20100819
- Date of decision
- 19 August 2010
- Case number
- T 1544/07
- Petition for review of
- -
- Application number
- 01310765.1
- IPC class
- C07C 409/32
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Stabilized organic peroxidicarbonate compositions
- Applicant name
- Arkema Inc.
- Opponent name
- Degussa Initiators GmbH & Co. KG
Akzo Nobel N.V. - Board
- 3.3.10
- Headnote
If the opponent and sole appellant deliberately refrains from invoking the prohibition of reformatio in peius against a claim request submitted by the Respondent/Patentee which extends the scope beyond that of the claims as maintained by the first instance, the Board does not see any reason why it should apply the principle of the prohibition of reformatio in peius of its own motion. Following the principle of party disposition any right protecting an appellant against an outcome that puts it in a worse position than if it had not appealed, may be waived (volenti non fit iniuria).
- Relevant legal provisions
- European Patent Convention Art 123(3)European Patent Convention Art 56
- Keywords
- Reformatio in peius - not examined by the Board of its own motion
Extension of protection conferred (no)
Inventive step (no) - obvious alternative - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.