T 0077/18 (Dental composite / KERR CORPORATION) of 21.01.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T007718.20220121
- Date of decision
- 21 January 2022
- Case number
- T 0077/18
- Petition for review of
- -
- Application number
- 03254200.3
- IPC class
- A61K 6/00A61K 6/083
- 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
- Prepolymerized filler in dental restorative composite
- Applicant name
- Kerr Corporation
- Opponent name
- RPE GmbH
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Novelty - implicit disclosure (no)
Inventive step - (yes)
Grounds for opposition - late-filed ground for opposition - Catchword
- The respondent's requests regarding the ground for opposition under Article 100 c) EPC confront the Board with the issue of admittance of a new ground for opposition which was raised during the oral proceedings before the opposition division but had deliberately not been decided upon by the opposition division. In the absence of a positive decision on admittance by the opposition division, the Board considers that the ground for opposition under Article 100 c) EPC should be treated as a fresh ground at the appeal stage and its admittance should be governed by the principles set forth in G 10/91, which require the proprietor's consent for its introduction in the appeal proceedings. In view of the appellant's refusal thereto, the ground for opposition under Article 100 c) is not to be introduced in the appeal proceedings.
- Cited cases
- G 0010/91
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is maintained as granted.