T 2542/16 of 15.11.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T254216.20181115
- Date of decision
- 15 November 2018
- Case number
- T 2542/16
- Online on
- 30 January 2019
- Petition for review of
- -
- Application number
- 10780131.8
- 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
- WETTING AGENTS FOR ASEPTIC FILLING
- Applicant name
- Ecolab USA Inc.
- Opponent name
- -
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56
- Keywords
- Amendments - main request and first auxiliary request
Amendments - allowable (no)
Amendments - second auxiliary request
Amendments - allowable (yes)
Inventive step - second auxiliary request
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 department of first instance with the order to grant a patent on the basis of the following:
Claims 1-7 of the 2nd auxiliary request as filed and amended during the oral proceedings before the board, titled "8th Auxiliary Request"
and a description and drawings to be adapted.