European Patent Office

T 1154/12 (Extrudable hydraulic composition/SHIN-ETSU) of 24.03.2017

European Case Law Identifier
ECLI:EP:BA:2017:T115412.20170324
Date of decision
24 March 2017
Case number
T 1154/12
Petition for review of
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Application number
03251442.4
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
Admixture and extrudable hydraulic composition
Applicant name
Shin-Etsu Chemical Co., Ltd.
Opponent name
AKZO NOBEL CHEMICALS INTERNATIONAL B.V.
Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(1)(a)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
Keywords
Request to reject as inadmissible a claim request filed with the grounds of appeal - rejected
Amendments - added subject-matter (no)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (yes)
Catchword
-
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 department of first instance with the order to maintain the patent in amended form on the basis of the sole request, submitted as second auxiliary request with the statement of grounds of appeal dated 23 July 2012, and a description to be adapted, if necessary.