T 2275/17 (Evonik/Composite) of 07.09.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T227517.20210907
- Date of decision
- 7 September 2021
- Case number
- T 2275/17
- Petition for review of
- -
- Application number
- 09015803.1
- IPC class
- B32B 5/08B32B 25/08
- 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
- Composite material and method for preparation thereof
- Applicant name
- Daicel-Evonik Ltd.
- Opponent name
- ARKEMA FRANCE
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3) (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Amendment - allowable (no), opponent is given the benefit of doubt because proprietor has not dicharged its burden of proof.
Amendment after summons - exceptional circumstances (no)
Amendment to appeal case - suitability of amendment to resolve issues raised (no) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.