T 1875/15 of 03.12.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T187515.20191203
- Date of decision
- 3 December 2019
- Case number
- T 1875/15
- Petition for review of
- -
- Application number
- 03709392.9
- IPC class
- C10M 161/00C10M 141/10
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- LUBRICATING COMPOSITIONS WITH GOOD THERMAL STABILITY AND DEMULSIBILITY PROPERTIES
- Applicant name
- The Lubrizol Corporation
- Opponent name
- Afton Chemical Corporation
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(c)European Patent Convention Art 114(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Grounds for opposition - added subject-matter (no)
Novelty - (yes)
Inventive step - (yes)
Late-filed objections - admitted (no) - Catchword
- A board has in principle no discretion for not admitting late-filed arguments (T
1914/12 followed). However, if a late-filed objection includes new allegations of fact, the board has under Article 114(2) EPC the discretion not to admit it into the proceedings (reasons 2.1 to 2.5, 9.3 to 9.4).
Order
For these reasons it is decided that:
1. The appealed decision is set aside.
2. The patent is maintained as granted.