T 1121/17 (Oral Care Whitening Compositions / COLGATE-PALMOLIVE) of 16.10.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T112117.20201016
- Date of decision
- 16 October 2020
- Case number
- T 1121/17
- Petition for review of
- -
- Application number
- 12809970.2
- 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
- ORAL CARE WHITENING COMPOSITIONS
- Applicant name
- Colgate-Palmolive Company
- Opponent name
- -
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) (2007)European Patent Convention Art 83 (2007)European Patent Convention Art 84 (2007)Rules of procedure of the Boards of Appeal Art 11 (2020)
- Keywords
- Amendments - added subject-matter (no)
Claims - clarity after amendment (yes)
Sufficiency of disclosure - (yes) - Catchword
- The criteria set out in the Guidelines for Examination in the European Patent Office (November 2016 update) at paragraph H.IV.3.5, concerning the allowability of amendments under Article 123(3) EPC, are inappropriate for the assessment of compliance with Article 123(2) EPC (see point 1.5.1 of the reasons).
- Cited cases
- G 0002/10
- 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 examining division for further prosecution.