T 1532/16 of 04.04.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T153216.20190404
- Date of decision
- 4 April 2019
- Case number
- T 1532/16
- Petition for review of
- -
- Application number
- 01922824.6
- IPC class
- C08K 3/08
- 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
- BIODEGRADABLE POLYMER FILMS AND SHEETS SUITABLE FOR USE AS LAMINATE COATINGS AS WELL AS WRAPS AND OTHER PACKAGING MATERIALS
- Applicant name
- bio-tec Biologische Naturverpackungen GmbH & Co.
KG - Opponent name
- Pistor, Wolfgang
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(2)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admissibility of appeal - (yes)
Late-filed objection - amendments to case
Late-filed objection - after arrangement of oral proceedings (yes)
Late-filed objection - adjournment of oral proceedings would have been required (yes)
Late-filed objection - admitted (no)
Amendments - added subject-matter (no)
Disclaimer type formulation - without effect - disclosure of interfering document not novelty destroying
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The appeal of appellant I is admissible.
2. The decision under appeal is set aside.
3. The case is remitted to the opposition division with the order to maintain the patent in amended form on the basis of claims 1 to 18 according to auxiliary request 1 filed with the statement of grounds of appeal and after any necessary consequential amendment of the description.