T 1404/14 (Graphitised carbon/CATALER) of 20.12.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T140414.20161220
- Date of decision
- 20 December 2016
- Case number
- T 1404/14
- Petition for review of
- -
- Application number
- 07741064.5
- 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
- ELECTRODE CATALYST FOR FUEL CELL, AND SOLID POLYMER ELECTROLYTE FUEL CELL
- Applicant name
- Cataler Corporation
- Opponent name
- Umicore AG & Co. KG
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Late-filed ground for opposition - no misuse of the discretionary power by the opposition division
Late-filed ground for opposition - not submitted with the grounds of appeal - not prima facie relevant
Late-filed document - justification for late filing (no)
Main request - novelty - selection invention (no)
Late-filed request - submitted during the oral proceedings
Late-filed request - not admitted
Inventive step - auxiliary request 2
Inventive step - unexpected improvement (yes) - 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 first instance with the order to maintain the patent in amended form on the basis of auxiliary request 2, submitted as the former sole auxiliary request with the letter of 4 July 2013, and a description to be amended, if necessary.