T 1100/10 (Detergent Bacillus lentus subtilisin protease egg stains/BASF) of 18.03.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T110010.20140318
- Date of decision
- 18 March 2014
- Case number
- T 1100/10
- Petition for review of
- -
- Application number
- 95912559.2
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- IMPROVED ENZYMES AND DETERGENTS CONTAINING THEM
- Applicant name
- BASF SE
- Opponent name
- Novozymes A/S
Danisco US Inc. - Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)(a)European Patent Convention Art 113European Patent Convention Art 114(2)European Patent Convention Art 15European Patent Convention Art 23(4)European Patent Convention Art 35(1)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 116(1)European Patent Convention R 12(1)European Patent Convention R 12(3)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admissibility of the Main Request and of Auxiliary Requests 1 and 2 (no); Admissibility of Auxiliary Request 3 (yes);
Referral to the Enlarged Board of Appeal (no);
Auxiliary Request 3 - requirements of the EPC (yes); - Catchword
- Although the Rules of Procedure of the Boards of Appeal (RPBA) are drafted and adopted by the Presidium, it is the Administrative Council of the European Patent Organisation which decides to approve the RPBA. Only thereby the RPBA enter into force to be applied by the Boards of Appeal (cf. points (9) to (14) of the Reasons for the Decision).
- Citing cases
- T 1776/18
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 in amended form on the basis of Auxiliary Request 3 filed on 18 March 2014 during the oral proceedings and a description to be adapted thereto.