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
- IPC class
- C10M 173/02C10M 107/34C08G 65/00
- 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
- 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
- -
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.