T 0668/09 of 13.10.2010

European Case Law Identifier: ECLI:EP:BA:2010:T066809.20101013
Date of decision: 13 October 2010
Case number: T 0668/09
Online on: 15 November 2010
Petition for review of: -
Application number: 00127842.3
IPC class: A61F 13/534
Language of proceedings: English
Distribution: No distribution (D)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: Absorbent article with multiple high absorbency zones
Applicant name: McNeil-PPC, Inc.
Opponent name: The Procter & Gamble Company
Board: 3.2.06
Headnote: -
Relevant legal provisions: European Patent Convention Art 54 European Patent Convention Art 56 European Patent Convention Art 83 European Patent Convention Art 84 European Patent Convention Art 123(2)European Patent Convention Art 123(3)
Keywords: Main request and auxiliary requests 1 to 3: novelty - claim 22 - no
Auxiliary request 4 - late filed and not clearly allowable - not admitted
Auxiliary request 5 - claims 1 and 13: clear and originally filed and sufficiently disclosed; claims 1 and 21: novel and involving an inventive step
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 opposition division with the order to maintain the patent on the basis of:

(a) claims 1 to 21 according to the fifth auxiliary request filed during the oral proceedings;

(b) Pages numbered 2 to 10 of the description filed during the oral proceedings;