European Patent Office

T 0290/20 of 07.02.2023

European Case Law Identifier
ECLI:EP:BA:2023:T029020.20230207
Date of decision
7 February 2023
Case number
T 0290/20
Petition for review of
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Application number
14758971.7
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
MIXTURES OF ENANTIOMERS, AND PROCESS FOR MAKING SUCH MIXTURES
Applicant name
BASF SE
Opponent name
Nouryon Chemicals International B.V.
Board
3.3.10
Headnote
-
Relevant legal provisions
European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(3)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
Auxiliary request 4 - Inventive step - (no)
Auxiliary request 5 - Admissibility - (yes)
Auxiliary request 5 - Inventive step - (yes)
Amendment to case - change in case during oral proceedings before the opposition division
Admission of document not admitted by the opposition division - justified reaction of opponent - admitted (yes)
Catchword
-
Cited cases
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Citing cases
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Order

For these reasons it is decided that:

The decision under appeal is set aside.

The case is remitted to the opposition division with the order to maintain the patent with the following claims and a description adapted thereto:

Claims: No. 1 to 6 of the auxiliary request 5 filed with letter dated 27 August 2020.