T 1702/12 of 08.10.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T170212.20151008
- Date of decision
- 8 October 2015
- Case number
- T 1702/12
- Petition for review of
- -
- Application number
- 02787959.2
- IPC class
- A61Q 19/00A61K 8/92
- 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
- WET-SKIN TREATMENT COMPOSITIONS
- Applicant name
- Unilever PLC
Unilever N.V. - Opponent name
- Henkel AG & Co. KGaA
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 123(3)European Patent Convention R 139
- Keywords
- Main request and auxiliary request 1: extension of protection conferred (yes) - amendment does not qualify as a correction
Auxiliary requests 2 and 3: extension of protection conferred (yes) - scope of granted dependent claim cannot be greater than that of independent claim 1 on which it depends
Auxiliary request 4: remittal to the department of first instance (yes) - Catchword
- -
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 for further prosecution on the basis of auxiliary request 4 filed with letter dated 9 May 2014.