European Patent Office

T 0437/14 of 12.03.2019

European Case Law Identifier
ECLI:EP:BA:2019:T043714.20190312
Date of decision
12 March 2019
Case number
T 0437/14
Petition for review of
-
Application number
08003327.7
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Abstracts for this decision
-
Application title
Complexes of form L2IrX
Applicant name
The Trustees of Princeton University
The University of Southern California
Opponent name
Merck Patent GmbH
Sumitomo Chemical Company Ltd.
BASF SE
Board
3.3.09
Headnote
-
Keywords
Allowability of undisclosed disclaimer (Yes)
Loss of priority right after introduction of disclaimer (No)
Divisional application not prior art under Article 54(3) EPC
Catchword
-

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:

- Claims: Claims 1 to 5, filed as New Main Request during the oral proceedings before the board on 28 April 2016;

- Description: Pages 3 to 18 as filed during the oral proceedings before the board on 12 March 2019;

- Drawings: Pages 21 to 60 of the patent specification.