T 0084/17 (Fabric treatment with probiotics /UNILEVER) of 22.09.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T008417.20200922
- Date of decision
- 22 September 2020
- Case number
- T 0084/17
- Petition for review of
- -
- Application number
- 08804202.3
- IPC class
- C11D 3/38C11D 3/386A61Q 19/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- IMPROVEMENTS RELATING TO FABRIC TREATMENT COMPOSITIONS
- Applicant name
- Unilever PLC
Unilever N.V. - Opponent name
- Henkel AG & Co. KGaA
THE PROCTER & GAMBLE COMPANY - Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 25(2) (2020)
- Keywords
- Novelty (granted claims)
Novelty - no
Late-filed requests (Auxiliary Requests 1 to 4)
Late-filed request - not admitted - Catchword
- If the arguments in the appealed decision show that for the discretionary decision taken in the first instance some criteria weighed so heavily that other criteria cannot outweigh them, it is not always necessary that all criteria that could theoretically influence a discretionary decision concerning the admittance of a late filed request are discussed in the appealed decision (point 2.2.3)
If the need to file amended requests does not arise owing to the submission of additional documents that are merely confirming the arguments on file but had existed before, the filing of such additional documents cannot always justify the filing of new (belated) requests (point 2.3).
Order
For these reasons it is decided that:
The appeal is dismissed