T 2321/11 (Emulsifiable concentrates/CHEMINOVA) of 23.09.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T232111.20140923
- Date of decision
- 23 September 2014
- Case number
- T 2321/11
- Petition for review of
- -
- Application number
- 06775968.8
- IPC class
- A01N 43/653
- 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
- CONCENTRATED LIQUID TRIAZOLE FUNGICIDE FORMULATIONS
- Applicant name
- Cheminova A/S
- Opponent name
- Syngenta Limited, European Regional Centre,
BASF SE - Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Sufficiency of disclosure: main request (no), auxiliary request (yes) - reproducibility over claimed breadth
Inventive step, auxiliary request (yes) - improvement credible - 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 department of first instance with the order to maintain the patent as amended in the following version:
Description:
Pages 2 to 11 of the description received during the oral proceedings of 23 September 2014.
Claims:s No. 1 to 22 of the first auxiliary request received during the oral proceedings of 23 September 2014.