T 1152/16 of 13.01.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T115216.20220113
- Date of decision
- 13 January 2022
- Case number
- T 1152/16
- Petition for review of
- -
- Application number
- 09158603.2
- IPC class
- C10M 141/06C10N 30/10
- 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
- Lubricating composition with good oxidative stability and reduced deposit formation
- Applicant name
- Afton Chemical Corporation
- Opponent name
- LANXESS Deutschland GmbH
BASF SE - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Late-filed evidence - submitted with the reply to the statement of grounds of appeal
Late-filed request - submitted during oral proceedings
Late-filed request - no amendment of the appeal case
Grounds for opposition - insufficiency of disclosure
Grounds for opposition - added subject-matter
Amendments
Novelty
Inventive step - Catchword
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the opposition division with the order to maintain the patent with claims 1 to 8 of the first auxiliary request B filed during the oral proceedings on 13 January 2022 and a description to be adapted thereto with the premise that the last sentence in paragraph [0022] of the patent specification as granted being deleted, the last sentence reading as follows: "By stating that the compositions are "free of DPA" and alkylated derivatives, we do not mean to exclude compositions that contain minor amounts of DPA or the alkylated derivatives thereof; that is, compositions containing DPA or alkylated derivatives thereof in amounts that do not appreciably increase the amount of sludge formation or otherwise negate the beneficial effects of the compositions of the present disclosure."