T 0358/16 (Water absorbing agent/NIPPON SHOKUBAI) of 15.09.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T035816.20200915
- Date of decision
- 15 September 2020
- Case number
- T 0358/16
- Petition for review of
- -
- Application number
- 06713923.8
- 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
- WATER ABSORBING AGENT, WATER ABSORBING ARTICLE AND METHOD FOR PRODUCTION OF WATER ABSORBING AGENT
- Applicant name
- NIPPON SHOKUBAI CO., LTD.
- Opponent name
- Kimberly-Clark Worldwide, Inc.
Evonik Operations GmbH - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) (2007)European Patent Convention Art 100(b) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)
- Keywords
- Inventive step - main request (no)
Inventive step - auxiliary request 1 (no)
auxiliary request 2 - allowable (yes) - Catchword
- -
- Citing cases
- -
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 as amended in the following version:
Description:
Pages 2, 3, 5, 6, 8 to 15 and 17 to 34 of the patent specification;
Pages 4 and 16 of the patent specification as amended and filed at the oral proceedings before the opposition division on 20 October 2015;
Page 7 of the patent specification as amended and filed before the Board of Appeal at the oral proceedings on 15 September 2020.
Claims:
Nos. 1 to 14 of Auxiliary Request 2, filed under cover of the reply to the appeal dated 9 September 2016.