T 0406/08 (Alcohol-based anti-microbial compositions/ETHICON) of 16.02.2012

European Case Law Identifier: ECLI:EP:BA:2012:T040608.20120216
Date of decision: 16 February 2012
Case number: T 0406/08
Petition for review of: -
Application number: 99300394.6
IPC class: A61L 2/18 A61L 2/00 A61K 7/50 A61K 7/48
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: Alcohol based anti-microbial compositions with cosmetic appearance
Applicant name: ETHICON, INC.
Opponent name: Bode Chemie GmbH
Board: 3.3.10
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54 European Patent Convention Art 56 European Patent Convention Art 83
Keywords: Main request, auxiliary requests I and II; sufficiency of disclosure of invention (yes) - novelty (yes) - inventive step (no) - obvious alternative
Auxiliary requst III: Inventive step (yes) - solution not obvious from prior art
Catchword: -
Cited cases: T 0182/89 T 0409/91 T 0435/91
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 first instance with an order to maintain the patent on the basis of claims 1 to 6 filed as auxiliary Request III with letter dated 18 September 2008, and a description yet to be adapted.