European Patent Office

T 1153/10 of 10.12.2013

European Case Law Identifier
ECLI:EP:BA:2013:T115310.20131210
Date of decision
10 December 2013
Case number
T 1153/10
Petition for review of
-
Application number
03076766.9
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Method for repelling or eliminating harmful organism
Applicant name
FUMAKILLA LIMITED
Opponent name
S.C. Johnson & Son, Inc.
Environmental Air Care Limited
Board
3.2.07
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(b)European Patent Convention Art 111(1)Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Admittance of new document and new reasoning which could have been presented in the first instance - (no)
Sufficiency of disclosure - (yes)
Remittal to the department of first instance - (yes)
Catchword
-
Citing cases
T 0422/11

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

for further prosecution.