T 0287/11 of 01.04.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T028711.20140401
- Date of decision
- 1 April 2014
- Case number
- T 0287/11
- Petition for review of
- -
- Application number
- 00910197.3
- 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
- HAIR STYLING COMPOSITIONS CONTAINING SELECTED POLYALKYLENE GLYCOL STYLING AGENTS
- Applicant name
- THE PROCTER & GAMBLE COMPANY
- Opponent name
- Henkel AG & Co. KGaA
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 112(1)(a)European Patent Convention Art 123(3)European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 20(1)
- Keywords
- Main request: amendments - extension of protection conferred (yes)
Referral to the Enlarged Board of Appeal - (no) not a question of law
Auxiliary request 1: extension of protection conferred (no); clarity (yes); added subject-matter (no)
Appeal decision - remittal to the department of first instance (yes) - Catchword
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request for referral of a question to the Enlarged Board of Appeal is refused.
3. The case is remitted to the department of first instance for further prosecution on the basis of auxiliary request 1 filed during the oral proceedings before the Board.