T 2037/19 of 18.01.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T203719.20230118
- Date of decision
- 18 January 2023
- Case number
- T 2037/19
- Online on
- 20 January 2023
- Petition for review of
- -
- Application number
- 10729769.9
- 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
- ETHYLENE-BASED POLYMER COMPOSITIONS
- Applicant name
- Dow Global Technologies LLC
- Opponent name
- Borealis AG
TotalEnergies One Tech Belgium - Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal 2020 Art 011European Patent Convention Art 123(2)European Patent Convention Art 111(1)Rules of procedure of the Boards of Appeal 2020 Art 012(2)
- Keywords
- Late-filed evidence - could have been filed in first instance proceedings (no)
Late-filed evidence - admitted (yes)
Late-filed request - could have been filed in first instance proceedings (no)
Late-filed request - admitted (yes)
Amendments - opposition proceedings
Amendments - extension beyond the content of the application as filed (no)
Appeal decision - primary object of appeal proceedings to review decision
Appeal decision - remittal to the department of first instance (yes) - Catchword
- -
- Cited cases
- -
- 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 for further prosecution.