T 0553/11 of 19.03.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T055311.20130319
- Date of decision
- 19 March 2013
- Case number
- T 0553/11
- Petition for review of
- -
- Application number
- 00102987.5
- IPC class
- C08J 3/12
- 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
- Water-absorbent resin powder and its production process and use
- Applicant name
- NIPPON SHOKUBAI CO., LTD.
- Opponent name
- BASF SE
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 56
- Keywords
- Sufficiency of disclosure - no (main request), yes (first auxiliary request)
Inventive step - yes (first auxiliary request) - Catchword
- Embodiments that are covered by the scope of a claim on its ordinary reading are not to be regarded as excluded merely because it can be deduced from the description that they are not workable (point 2.3 of the Reasons).
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 with the order to maintain the patent on the basis of:
(a) claims 1 to 6 according to the first auxiliary request filed during the oral proceedings of 19 March 2013;
(b) pages numbered 2 to 13, and 24 of the amended description as filed during the said oral proceedings and pages numbered 14 to 23 as granted;
(c) figures 1 to 9 as granted.