European Patent Office

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
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
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.