T 1057/09 (Stabilized 3-isothiazolone composition/ROHM AND HAAS) of 25.10.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T105709.20111025
- Date of decision
- 25 October 2011
- Case number
- T 1057/09
- Petition for review of
- -
- Application number
- 96303905.2
- 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
- Avoidance of precipitation in 3-isothiazolone formulations
- Applicant name
- ROHM AND HAAS COMPANY
- Opponent name
- Thor GmbH
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Main request and auxiliary request 1 - clarity (no) - wording of claim 9 ambiguous
Auxiliary request 2 - novelty (yes)
Alleged prior use - (no) - No clear and unambiguously determination of the information disclosed during the oral presentation of the thesis. Special relationship between the student and the staff of the sponsoring chemical company - No proof that confidentiality was breached - Thesis was not displayed on the library shelves of the "Fachhochschule"
Inventive step (yes) - deterrent prior art - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent on the basis of the second auxiliary request (claims 1-7) as filed with the letter dated 16 November 2009 after any consequential necessary amendment of the description.