T 0916/09 (Ink jet ink binder/ROHM AND HAAS) of 03.08.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T091609.20120803
- Date of decision
- 3 August 2012
- Case number
- T 0916/09
- Petition for review of
- -
- Application number
- 00310632.5
- IPC class
- C09D 11/10C09D 133/06
- 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
- Polymeric binder
- Applicant name
- ROHM AND HAAS COMPANY
- Opponent name
- Celanese Emulsions GmbH
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 123(2)European Patent Convention Art 84European Patent Convention R 124(1)
- Keywords
- Main request: novelty (no)
First auxiliary request: novelty (no) - amendments in the description cannot establish novelty
Second auxiliary request: novelty and inventive step (yes)
Incorporation of a statement of the respondent/patentee into the minutes (no) - not relevant for the decision - 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 the first instance with the order to maintain the patent as amended in the following version:
Description:
pages 1-3 and 5-10 of the specification of the patent as granted;
page 4 of the patent specification as amended and filed during the oral proceedings on 3 August 2012.
Claims:
claims 1-8 according to the second auxiliary request as filed with the letter dated 18 May 2012.