T 1901/16 (Novel aqueous hydrogen peroxide solution/Evonik Degussa) of 03.05.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T190116.20190503
- Date of decision
- 3 May 2019
- Case number
- T 1901/16
- Petition for review of
- -
- Application number
- 03798172.7
- 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
- NOVEL AQUEOUS HYDROGEN PEROXIDE SOLUTIONS
- Applicant name
- Evonik Degussa GmbH
- Opponent name
- THE DOW CHEMICAL COMPANY
Solvay (Société Anonyme)
BASF SE - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 111(2)European Patent Convention Art 123(2)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 103(1)(a)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request 2 (yes)
Inventive step - unexpected improvement shown
inventive step - auxiliary request 2 (yes)
Claims - clarity after amendment (yes)
Amendments - allowable (no)
Appeal decision - remittal to the department of first instance (no)
Reimbursement of appeal fee - (no)
Reimbursement of appeal fee - competence of department of first instance
Late-filed facts - submitted with the statement of grounds of appeal
Late-filed argument - admitted (no) - 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 in amended form on the basis of the second auxiliary request as submitted with the letter of 9 March 2017 together with a description and drawings to be adapted.
3. The request for reimbursement of the appeal fee is rejected.