T 0493/12 of 01.03.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T049312.20160301
- Date of decision
- 1 March 2016
- Case number
- T 0493/12
- Petition for review of
- -
- Application number
- 01110529.3
- 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
- Method for starting up reactor and reactor system
- Applicant name
- NIPPON SHOKUBAI CO., LTD.
- Opponent name
- THE DOW CHEMICAL CO.
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1)European Patent Convention Art 111(1)European Patent Convention Art 56European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Main request: inventive step (no) - obvious alternative
Auxiliary requests 2 and 2tris: admissibility (yes) - subject-matter restricted to that of a different category for which no negative decision had been issued
Auxiliary request 2: amendments occasioned by ground for opposition (no)
Auxiliary request 2tris: remittal
Apportionment of costs (no)
Apportionment of costs - no abuse of procedure
Apportionment of future costs (no) - Board not in possession of necessary facts
Request for acceleration of proceedings before the Opposition Division (no) - not in the Board's power - Catchword
- -
- Citing cases
- T 0596/18
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 for further prosecution on the basis of auxiliary request 2tris filed during the oral proceedings before the Board.
3. The request for apportionment of costs is refused.