T 1049/17 (Method of converting NOx/JOHNSON MATTHEY) of 04.12.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T104917.20191204
- Date of decision
- 4 December 2019
- Case number
- T 1049/17
- Petition for review of
- -
- Application number
- 09737470.6
- 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
- A METHOD OF CONVERTING NITROGEN OXIDES WITH TRANSITION METAL-CONTAINING ALUMINOSILICATE ZEOLITE
- Applicant name
- JOHNSON MATTHEY PUBLIC LIMITED COMPANY
- Opponent name
- PQ Corporation
BASF Corporation
Maiwald Patent- und Rechtsanwaltsgesellschaft mbH - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admissibility of appeal - (yes)
Amendments - pointer to the claimed selection (no)
Amendments - main and first auxiliary requets
Amendments - added subject-matter (yes)
Amendments - second auxiliary request
Amendments - added subject-matter (no)
Sufficiency of disclosure - second auxiliary request (yes)
Novelty - second auxiliary request (yes)
Inventive step - second auxiliary request (yes) - Catchword
- -
- 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 maintain the patent in amended form on the
basis of the following documents:
- claims 1 to 5 according to the second auxiliary request
submitted during the oral proceedings;
- description paragraphs 1 to 39 submitted during the oral
proceedings.