T 1956/16 of 25.09.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T195616.20190925
- Date of decision
- 25 September 2019
- Case number
- T 1956/16
- Petition for review of
- -
- Application number
- 10191930.6
- IPC class
- C08K 5/13
- 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
- Aerogel, and composition and method for manufacture of the aerogel
- Applicant name
- Samsung Electronics Co., Ltd.
- Opponent name
- Covestro Deutschland AG
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 84
- Keywords
- Novelty - Main request and first auxiliary request (no)
Adaptation of the description - Second auxiliary request (Yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0697/22
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 on the basis of the following documents:
- Claims 1 to 13, filed as Auxiliary Request 2 with the statement setting out the grounds of appeal of 20 October 2016;
- Description: pages 1 to 26 as filed with the statement setting out the grounds of appeal of 20 October 2016 under the heading "Auxiliary Request 2";
- Figures 1, 2, 3A, 3B, 4 and 5 as published on pages 21 to 26 of the patent specification.