T 2392/16 (Fuel from renewable organic material/HALDOR TOPSØE) of 09.02.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T239216.20210209
- Date of decision
- 9 February 2021
- Case number
- T 2392/16
- Online on
- 4 March 2021
- Petition for review of
- -
- Application number
- 09777387.3
- IPC class
- C10G 3/00C10G 45/02C10G 45/58
- 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
- Hydroconversion process and catalyst
- Applicant name
- Haldor Topsøe A/S
- Opponent name
- Neste Oil Oyj
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)European Patent Convention Art 83 (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 123(3) (2007)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Admissibility of the new main request filed during oral proceedings (yes) - reaction to an objection raised by the board for the first time during oral proceedings
Amendments - broadening of claim
Amendments - (no)
Added subject-matter - (no)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- -
- 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 opposition division
with the order to maintain the patent in amended form
based on the claims of the new main request
filed in the oral proceedings on 9 February 2021
and a description to be adapted where appropriate.