T 1239/08 (Cross-linked polymer dispersant/DU PONT) of 30.06.2011

European Case Law Identifier: ECLI:EP:BA:2011:T123908.20110630
Date of decision: 30 June 2011
Case number: T 1239/08
Petition for review of: -
Application number: 99950192.7
IPC class: C09D 11/00
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: Dispersions having improved stability
Applicant name: E.I. DU PONT DE NEMOURS AND COMPANY
Opponent name: Avv. Guido Cipriani
Board: 3.3.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2)European Patent Convention Art 54 European Patent Convention Art 56
Keywords: Late-filed document (admitted): confirmation of previously submitted document
Main and first auxiliary request: novelty (yes) - no clear and unambiguos disclosure
Inventive step (no) - self cross-linking obvious measurement
Second auxiliary request (admitted): amendments (not allowable) - combination of features not disclosed
Third auxiliary request: inventive step (yes) - cross-linking via external cross-linker not obvious
Catchword: -
Cited cases: T 0153/85 T 0332/87 T 0666/89 T 0565/90 T 0870/96 T 0941/98 T 0479/00
Citing cases: T 0462/22

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 with the following claims and a description to be adapted thereto:

Claims: No. 1 to 7 filed as third auxiliary request with letter of 13 March 2009