T 1120/19 (Solenis/Paper with starch) of 17.11.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T112019.20221117
- Date of decision
- 17 November 2022
- Case number
- T 1120/19
- Petition for review of
- -
- Application number
- 11758382.3
- IPC class
- D21H 17/37D21H 21/36D21H 17/28
- 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
- METHOD FOR INCREASING THE ADVANTAGES OF STARCH IN PULPED CELLULOSIC MATERIAL IN THE PRODUCTION OF PAPER AND PAPERBOARD
- Applicant name
- Solenis Technologies Cayman, L.P.
- Opponent name
- Kemira OYJ
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Inventive step - main request (no)
Inventive step - auxiliary request (yes)
Amendments - intermediate generalisation
Amendments - unambiguously derivable (no)
Auxiliary request substantiated (yes)
Late-filed request - request could have been filed in first instance proceedings (no)
Late-filed request - admitted (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 in amended form based on the claims of the sixth auxiliary request filed on 31 October 2019, and a description to be adapted where appropriate.