T 0373/17 of 09.12.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T037317.20211209
- Date of decision
- 9 December 2021
- Case number
- T 0373/17
- Petition for review of
- -
- Application number
- 10728252.7
- IPC class
- H01B 3/44C08L 23/04
- 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
- CABLE AND POLYMER COMPOSITION
- Applicant name
- Borealis AG
- Opponent name
- The Dow Chemical Company
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Late-filed objection - admitted (no)
Grounds for opposition - insufficiency of disclosure (yes; no: auxiliary request 6)
Amendments - extension beyond the content of the application as filed (no: auxiliary request 6) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 1536/23
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 on the basis of claims 1 to 15 according to auxiliary request 6 filed with the rejoinder to the statement of grounds of appeal and after any necessary consequential amendment of the description.