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)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- 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.