European Patent Office

T 2943/18 of 16.02.2022

European Case Law Identifier
ECLI:EP:BA:2022:T294318.20220216
Date of decision
16 February 2022
Case number
T 2943/18
Petition for review of
-
Application number
12709068.6
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
PROPYLENE-ETHYLENE RANDOM COPOLYMER
Applicant name
INEOS Manufacturing Belgium NV
Opponent name
Borealis AG
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(b)European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Claims - clarity (yes)
Grounds for opposition - insufficiency of disclosure (no)
Inventive step - (yes)
Late-filed evidence - submitted with the statement of grounds of appeal
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 department of first instance with the order to maintain the patent in amended form on the basis of the claims of the main request filed with the statement of grounds of appeal, after any necessary consequential amendment of the description.