T 0776/17 of 25.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T077617.20220325
- Date of decision
- 25 March 2022
- Case number
- T 0776/17
- Petition for review of
- -
- Application number
- 02744735.8
- IPC class
- C10M 159/12C10M 169/04C10M 133/56
- 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
- LOW-CHLORINE, POLYOLEFIN-SUBSTITUTED, WITH AMINE REACTED, ALPHA-BETA UNSATURATED CARBOXYLIC COMPOUNDS
- Applicant name
- The Lubrizol Corporation
- Opponent name
- Afton Chemical Corporation
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 54(2)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 103(1)(a)Rules of procedure of the Boards of Appeal 2020 Art 025(2)Rules of procedure of the Boards of Appeal 2020 Art 025(3)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Amendment to appeal case
Late-filed auxiliary requests
Novelty
Priority
Right to be heard
Substantial procedural violation - Catchword
- -
- Citing cases
- T 0989/23
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 maintain the patent on the basis of the third auxiliary request filed with the statement of grounds of appeal and a description to be adapted.
3. The appellant's appeal fee is reimbursed.