European Patent Office

T 0279/20 (Cellulase containing detergent composition/P & G) of 22.02.2023

European Case Law Identifier
ECLI:EP:BA:2023:T027920.20230222
Date of decision
22 February 2023
Case number
T 0279/20
Petition for review of
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Application number
06124858.9
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Detergent compositions
Applicant name
The Procter & Gamble Company
Opponent name
Dalli-Werke GmbH & Co. KG
Henkel AG & Co. KGaA
Board
3.3.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 153(5)European Patent Convention Art 54(3)European Patent Convention Art 56Guidelines_H-V, 4(1)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
Keywords
Novelty (main request and auxiliary request 4)
Novelty - (no)
Novelty - earliest priority of the patent not extending to specific compositions disclosed in a cited document benefiting from such a priority
Inventive step (main request, auxiliary requests 1 and 4)
Inventive step - (no)
Inventive step - experimental reports not apt to prove alleged improvement at least across the entire scope of claim 1
Admissibility of a disclaimer (auxiliary requests 2 and 3) - (no) - disclaimer removes more than necessary to restore novelty
Admissibility of new auxiliary requests 5 to 15 - (no) - auxiliary requests could have been filed during opposition and are not prima facie allowable
Catchword
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Citing cases
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Order

For these reasons it is decided that:

The appeal is dismissed.