European Patent Office

T 2020/13 of 12.10.2017

European Case Law Identifier
ECLI:EP:BA:2017:T202013.20171012
Date of decision
12 October 2017
Case number
T 2020/13
Petition for review of
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Application number
04025047.4
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Catalyst blends for producing low thermal desorption polyurethane foams
Applicant name
Evonik Degussa GmbH
Opponent name
Huntsman International LLC
Board
3.3.03
Headnote
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Relevant legal provisions
European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
Keywords
Novelty in view of combination of compounds defined by their trade names (no) (main request)
Novelty - availability to the public of the products defined by those trade names
Late filed experimental reports allowed (no) - Board's communication and assignement of patent are no appropriate justification for late submission
Inventive step (no) (first auxiliary request)
Inventive step - alleged improvement not shown over the whole breadth of the claim arbitrary reference example used for comparison - obvious solution
Late filed additional auxiliary requests not addmited
Catchword
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Citing cases
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside

2. European patent No 1 528 072 is revoked