T 1326/08 (MIT-based microbicides/ROHM AND HAAS) of 10.01.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T132608.20120110
- Date of decision
- 10 January 2012
- Case number
- T 1326/08
- Petition for review of
- -
- Application number
- 03250329.4
- IPC class
- A01N 43/80
- 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
- Synergistic microbicidal combination
- Applicant name
- ROHM AND HAAS COMPANY
- Opponent name
- BASF SE
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Main request: sufficiency (no), synergy not achieved within whole range claimed
First auxiliary request: allowable - non-obvious further synergistic microbicidal compositions - Catchword
- -
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 as amended in the following version:
Description:
Pages 2, 3 and 5 received during oral proceedings.
Pages 4 and 6 (col. 9, l. 1 to 53) of the patent specification.
Claim:
No. 1 filed as first auxiliary request with letter of 26 January 2009.