European Patent Office

T 0224/12 of 02.02.2016

European Case Law Identifier
ECLI:EP:BA:2016:T022412.20160202
Date of decision
2 February 2016
Case number
T 0224/12
Online on
22 June 2016
Petition for review of
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Application number
02751077.5
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
PROPYLENE RANDOM COPOLYMER
Applicant name
Borealis Technology Oy
Opponent name
SABIC Petrochemicals B.V.
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(3)
Keywords
Admissibility of appeal - (yes) Party adversely affected
Late filed ground not admitted- correct exercise of discretion by the opposition division
Late-filed argument - adjournment of oral proceedings would have been required (yes)
Main request - maintenance in amended form - yes
Catchword
-
Cited cases
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Citing cases
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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 main request (claims 1 to 6) as filed with letter dated 17 December 2015 and after any necessary consequential amendment of the description.