T 1265/17 (Nanocellulose/Kemira Oyj) of 16.12.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T126517.20211216
- Date of decision
- 16 December 2021
- Case number
- T 1265/17
- Petition for review of
- -
- Application number
- 09174967.1
- IPC class
- D21H 21/10
- 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
- Process for production of paper
- Applicant name
- Kemira Oyj
- Opponent name
- Stora Enso AB OYJ
Hoffmann Eitle
SOLENIS LLC - Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- New explanation not regarded as an amended case
Sufficiency of disclosure - (yes)
Inventive step - reformulation of the technical problem
Inventive step - main request (no)
Inventive step - auxiliary request (yes) - Catchword
- If a claim is unduly broadened with respect to the scope of the examples used to illustrate a technical effect, particularly when this broadening concerns the feature/s allegedly providing that effect, the burden of proof might shift back to the proprietor to prove that the effect observed in the examples would also be obtained throughout the entire scope of the claims. If no evidence is provided in this respect, a conclusion may have to be drawn on the basis of plausibility arguments (reasons 2.2.5-2.2.7).
- Cited cases
- T 2579/11
- 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 opposition division with the order to maintain the patent in amended form on the basis of claims 1 to 8 according to auxiliary request 1 submitted with the letter dated 21 December 2017 and a description to be adapted where appropriate.