T 0089/10 (Reducing the carbon dioxide level/AIR PRODUCTS) of 27.03.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T008910.20120327
- Date of decision
- 27 March 2012
- Case number
- T 0089/10
- Petition for review of
- -
- Application number
- 02252199.1
- IPC class
- B01D 53/04B01J 20/18
- 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
- Process for reducing the level of carbon dioxide in a gaseous mixture
- Applicant name
- AIR PRODUCTS AND CHEMICALS, INC.
- Opponent name
- PRAXAIR TECHNOLOGY, INC.
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 123(2)European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention R 99(2)
- Keywords
- Admissibility of the appeal (yes)
Added subject-matter (claim 13 of the main request and of the first and second auxiliary requests): yes
Sufficiency of disclosure: yes - no convincing evidence submitted supporting the alleged insufficiency
Novelty (third auxiliary request): yes
Inventive step (third auxiliary request): yes - not obvious to try with the expectation of solving the technical problem underlying the invention - Catchword
- -
- Cited cases
- T 0349/09
- 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 department of first instance with the order to maintain the patent on the basis of the set of claims of the third auxiliary request and with a description to be adapted thereto.