European Patent Office

T 1115/10 of 05.04.2012

European Case Law Identifier
ECLI:EP:BA:2012:T111510.20120405
Date of decision
5 April 2012
Case number
T 1115/10
Petition for review of
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Application number
03768889.2
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Extended polyacrylic acid based binder compositions
Applicant name
OWENS CORNING
Opponent name
Rohm and Haas Company
Board
3.3.09
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 84European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
Keywords
Amendments - added subject-matter (yes: main and first auxiliary requests; no: second auxiliary request)
Amendments - clarity (yes: second auxiliary request)
Amendments - occasioned by grounds of opposition (yes: second auxiliary request)
Catchword
-
Cited cases
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ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the opposition division for further examination on the basis of claims 1 to 13 according to the second auxiliary request filed during the oral proceedings.

3. The respondent's request for costs is refused.