T 1915/09 (Antifouling coating/CHUGOKU) of 27.06.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T191509.20130627
- Date of decision
- 27 June 2013
- Case number
- T 1915/09
- Petition for review of
- -
- Application number
- 03251373.1
- IPC class
- C09D 5/16
- 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
- Antifouling coating composition, coating film therefrom, underwater material covered with the coating film and antifouling method
- Applicant name
- CHIGOKU MARINE PAINTS, LTD.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admissibiltiy of the appeal based on fresh documents (yes)
Admission of late-filed requests (yes) - response to an argument based on a new fact
Admission of documents into the proceedings (partly yes)
Main request: inventive step (no) - positive effect not likely to occur over the whole breadth of the claims - obvious alternative
First auxiliary request: inventive step (yes) - Catchword
- -
- Citing cases
- T 0216/10
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 with the following claims and a description to be adapted:
claims 1 to 20 of the first auxiliary request filed at the oral proceedings before the board on 27 June 2013.