T 1360/11 of 11.11.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T136011.20141111
- Date of decision
- 11 November 2014
- Case number
- T 1360/11
- Petition for review of
- -
- Application number
- 00944806.9
- 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
- TOPICAL ANTI-MICROBIAL COMPOSITIONS
- Applicant name
- THE PROCTER & GAMBLE COMPANY
Arch Chemicals, Inc. - Opponent name
- Henkel AG & Co. KGaA
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 123(3)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Late-filed auxiliary requests - justification for late filing
Sufficiency of disclosure - (yes)
Amendments - extension of protection conferred (no)
Inventive step - (yes) - Catchword
- Where a granted claim directed to a composition defined in an open manner and including the presence of a component belonging to a class or list of compounds in a quantity defined by a range is later amended by limiting the definition of the class or list of compounds, a possible infringement of the requirements of Article 123(3) EPC may be avoided by including in the amended claim a quantitative condition on the limited class or list of compounds and an additional constraint on the total amount of compounds belonging to the broader class or list (point 3.11).
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 the claims according to auxiliary request 7 filed by letter of 19 July 2013 and a description to be adapted.