T 0450/13 of 24.03.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T045013.20150324
- Date of decision
- 24 March 2015
- Case number
- T 0450/13
- Petition for review of
- -
- Application number
- 07254468.7
- IPC class
- C09J 7/02
- 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
- Emulsion based adhesive
- Applicant name
- ROHM AND HAAS COMPANY
- Opponent name
- Synthomer Deutschland GmbH
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Sufficiency (yes)
Novelty (yes)
Inventive step (yes)
Admissibility of public prior use
Admissibility of new novelty attack
Admissibility of new inventive step attack - Catchword
- 1. Submitting new documents together with the statement of grounds of appeal without discussing them may obscure any argument the appellant may have intended to make in the statement of grounds of appeal.
It is in particular not acceptable if it is then necessary for the board and any other party to read the new documents, to identify the possibly relevant passages in them and then to knit them together to understand why, in view of these documents, the decision of the opposition division was in the appellant's view wrong (see in particular point 4.4 of the Reasons).
2. Not substantiating a public prior use in opposition proceedings but attempting to substantiate it in the statement of grounds of appeal may lead to the inadmissibility of this attack under Article 12(4) RPBA (see point 3 of the Reasons).
Order
For these reasons it is decided that:
The appeal is dismissed.