T 0488/13 of 09.06.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T048813.20160609
- Date of decision
- 9 June 2016
- Case number
- T 0488/13
- Petition for review of
- -
- Application number
- 03722596.8
- 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
- COMPOSITION FOR THE OXIDATION DYEING OF HUMAN KERATINOUS FIBRES
- Applicant name
- L'Oréal
- Opponent name
- Henkel AG & Co. KGaA
Kao Germany GmbH
The Procter & Gamble Company - Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Admissibility of late-filed requests (yes) - filed in direct response to objections raised by Respondents
Main and auxiliary request 1: novelty (yes) - objection based on alleged prior use not reasoned
Main request: inventive step (no) - alleged improvement not shown over entire scope of claim, reformulation of problem, obvious alternative
Auxiliary request 1: inventive step (yes) - improvement plausible, means for achieving it not suggested by prior art
Clarity - no power to examine - Catchword
- -
- 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 with the order to maintain the patent on the basis of claims 1 to 16 of the auxiliary request 1 filed during the oral proceedings before the Board and a description to be adapted.