T 1697/12 of 18.09.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T169712.20140918
- Date of decision
- 18 September 2014
- Case number
- T 1697/12
- Petition for review of
- -
- Application number
- 96943288.9
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- WATER ABSORBENT AND PROCESS AND EQUIPMENT FOR THE PRODUCTION THEREOF
- Applicant name
- NIPPON SHOKUBAI CO., LTD.
- Opponent name
- Evonik Degussa GmbH
BASF SE - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 52(1)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention Art 99(1)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
- Admissibility of request - request withdrawn before the opposition division
Amendments - added subject-matter
Amendments - clarity
Sufficiency of disclosure
Patentable invention
Novelty
Inventive step
Late-filed document - Catchword
- Sufficiency of claims with open-ended parameter ranges (point 5.5 of the Reasons)
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 claims 1 to 9, according to auxiliary request 12 as filed during the oral proceedings of 18 September 2014, and after any necessary consequential adaptation of the description and the drawings.