T 2119/12 of 15.07.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T211912.20140715
- Date of decision
- 15 July 2014
- Case number
- T 2119/12
- Online on
- 12 October 2015
- Petition for review of
- -
- Application number
- 06707635.6
- IPC class
- C08G 63/16C08L 67/02C08G 63/183
- 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
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- Application title
- BIODEGRADABLE ALIPHATIC -AROMATIC POLYESTERS
- Applicant name
- NOVAMONT S.p.A.
- Opponent name
- E.I. DU PONT DE NEMOURS AND COMPANY
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 12(4)European Patent Convention Art 123(3)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 13(1)European Patent Convention Art 83European Patent Convention Art 111(1)
- Keywords
- Request to hold inadmissible main, first and second auxiliary request under Article 12(4) RPBA - rejected
Main and first auxiliary requests: extension of scope of protection
First and second auxiliary requests: amendments going beyond the original disclosure
Third auxiliary request: admitted into the proceedings - amendments allowable
Third auxiliary request: admitted into the proceedings - sufficiency of disclosure acknowledged
Remittal to the department of first instance - Catchword
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- Cited cases
- -
- Citing cases
- -
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 the third auxiliary request submitted during the oral proceedings.