T 0756/15 of 10.07.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T075615.20180710
- Date of decision
- 10 July 2018
- Case number
- T 0756/15
- Petition for review of
- -
- Application number
- 07863496.1
- 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
- HIGH-DENSITY POLYETHYLENE COMPOSITIONS, METHOD OF MAKING THE SAME, INJECTION MOLDED ARTICLES MADE THEREFROM, AND METHOD OF MAKING SUCH ARTICLES
- Applicant name
- Dow Global Technologies LLC
- Opponent name
- Ineos Sales (UK) Limited
Total Research & Technology Feluy - Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107European Patent Convention Art 108European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention R 101(2)European Patent Convention R 139Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admissiblity of the appeal of opponent 1 (no)
Main request - novelty (no)
Auxiliary request 1 - inventive step (no) - obvious alternative
Auxiliary requests 4 and 5 - novelty (no) - burden of proof not shifted to the opponents
Auxiliary request 6 - inventive step (yes) - unexpected improvement - new objection of inventive step at the end of oral proceedings (not admitted) - Catchword
- -
- Citing cases
- T 1566/12
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 the claims of auxiliary request 6, filed as auxiliary request VI with the patent proprietor's statement of grounds of appeal, and after any necessary consequential amendment of the description.