T 2082/11 (Surfactant components in particulate form/PROCTER & GAMBLE) of 08.01.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T208211.20140108
- Date of decision
- 8 January 2014
- Case number
- T 2082/11
- Petition for review of
- -
- Application number
- 05723647.3
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- A granular laundry detergent composition comprising a ternary detersive surfactant system and low levels of, or no, zeolite builders and phosphate builders
- Applicant name
- The Procter & Gamble Company
- Opponent name
- UNILEVER N.V. / UNILEVER PLC
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 56European Patent Convention R 103(1)(a)European Patent Convention R 116
- Keywords
- Admissibility of experimental evidence submitted with the Respondent's reply to the statement of the grounds of appeal: yes
Inventive step (main request): no
Added subject-matter (auxiliary requests 1, 3, 7, 9 and 10): yes
Inventive step (auxiliary requests 2, 4, 5, 6 and 8): no
Inventive step (auxiliary request 11): yes - optimization not suggested in the prior art
Refund of the appeal fee: no - no procedural violation
Refund of the appeal fee: no - admission of late-filed experimental report by the Opposition Division - Catchword
- -
- Citing cases
- -
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 the auxiliary request 11 submitted with the letter dated 20 March 2012 and a description to be adapted thereto where appropriate.
3. The request of the Appellant for refund of the appeal fee is dismissed.