T 0531/21 of 25.10.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T053121.20231025
- Date of decision
- 25 October 2023
- Case number
- T 0531/21
- Petition for review of
- -
- Application number
- 13780008.2
- 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
- GRAFTED PIGMENT DISPERSING POLYMERIC ADDITIVE AND PAINT EMPLOYING THE SAME WITH IMPROVED HIDING
- Applicant name
- Benjamin Moore&Co.
- Opponent name
- BASF SE
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Late-filed evidence - admitted (yes)
Novelty - main request (yes)
Inventive step - main request (no)
Inventive step - auxiliary request 12 (yes)
Late-filed request - should have been submitted in first-instance proceedings (no)
Late-filed objection - taken into account (no) - 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 on the basis of the claims of auxiliary request 12 filed with the statement of grounds of appeal, after any necessary amendment of the description.