T 0433/08 (Fluorinated ketones/3M) of 04.08.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T043308.20110804
- Date of decision
- 4 August 2011
- Case number
- T 0433/08
- Petition for review of
- -
- Application number
- 00948791.9
- IPC class
- A62D 1/00
- 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
- Use of fluorinated ketones in fire extinguishing compositions
- Applicant name
- 3M Innovative Properties Company
- Opponent name
- Solvay Fluor GmbH
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 52(1)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention R 103(1)(a)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Reimbursement of appeal fee: no - not equitable
Remittal (direct remittal for further prosecution: no - remittal with order to maintain patent in amended form: yes)
Inventive step (main request, 1st to 3rd auxiliary request): no - improvement not proven - reformulation of the problem - obvious further method
Inventive step (4th auxiliary request): yes - evidence for improvement - non-obvious solution to the technical problem - 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 department of first instance with the order to maintain the patent on the basis of claims 1 to 3 according to the 4th auxiliary request filed under cover of the letter dated 2 August 2011, and the description to be adapted.