European Patent Office

T 0875/14 of 05.07.2017

European Case Law Identifier
ECLI:EP:BA:2017:T087514.20170705
Date of decision
5 July 2017
Case number
T 0875/14
Petition for review of
-
Application number
05741682.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
FUNCTIONAL FLUIDS CONTAINING ALKYLENE OXIDE COPOLYMERS HAVING LOW PULMONARY TOXICITY
Applicant name
BASF SE
Opponent name
THE DOW CHEMICAL COMPANY
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 54Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
Keywords
Novelty - Main request, first and second auxiliary requests (no)
Late-filed auxiliary request - admitted (third auxiliary request: no)
Late-filed argument - admitted (fourth auxiliary request: no)
Catchword
-
Citing cases
T 0825/15T 0074/24

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 the first instance with the order to maintain the patent on the basis of the claims of the fourth auxiliary request filed with letter dated 2 June 2017 and after any necessary consequential amendment of the description.