European Patent Office

T 0877/18 of 06.10.2021

European Case Law Identifier
ECLI:EP:BA:2021:T087718.20211006
Date of decision
6 October 2021
Case number
T 0877/18
Petition for review of
-
Application number
06703268.0
IPC class
C08F 210/02
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
-
Application title
COPOLYMERS AND FILMS THEREOF
Applicant name
Ineos Sales (UK) Limited
Opponent name
The Dow Chemical Company
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Amendment to appeal case - amendment of the main request overcomes issues raised (yes)
Amendment to appeal case - amendment detrimental to procedural economy (yes)
Novelty - Main request (no)
Novelty - First auxiliary request (yes)
Inventive step - Fifth auxiliary request (no)
Inventive step - First 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 opposition division with the order to maintain the patent on the basis of claims 1 to 13 of the first auxiliary request filed with letter of 9 August 2021 after necessary consequential amendments of the description.