T 1982/18 (Fabric conditioner containing a hydrophobic agent / UNILEVER) of 02.03.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T198218.20210302
- Date of decision
- 2 March 2021
- Case number
- T 1982/18
- Petition for review of
- -
- Application number
- 11779648.2
- 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
- Fabric conditioners
- Applicant name
- Unilever Global IP Limited
Unilever IP Holdings B.V. - Opponent name
- THE PROCTER & GAMBLE COMPANY
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(3)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- New documents filed with the grounds of appeal and the reply thereto - admitted
New objection against sufficiency of disclosure not substantiated at first instance - contested by the patent proprietor and not admitted
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step (main request and auxiliary requests 1 and 2)
Inventive step - (no)
Inventive step - obvious alternative
New arguments submitted during oral proceedings against auxiliary request 3 - not admitted - no exceptional circumstances
Compliance with the requirements of the EPC (Auxiliary request 3) - (yes) - no objections raised in writing - Catchword
- -
- Cited cases
- T 1227/13
- 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 department of first instance with the order to maintain the patent on the basis of Auxiliary Request 3 as filed with the letter dated 19 February 2019, and a description to be adapted thereto.