T 1099/21 of 15.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T109921.20230315
- Date of decision
- 15 March 2023
- Case number
- T 1099/21
- Petition for review of
- -
- Application number
- 07250962.3
- 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
- Abstract on EPC2000 Art 123(2)
- Application title
- BLENDS OF ENCAPSULATED BIOCIDES
- Applicant name
- Rohm and Haas Company
- Opponent name
- Thor GmbH
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)
- Keywords
- Grounds for opposition - added subject-matter
- Catchword
- Any unclarity that may arise from an ambiguity in an application as filed is to the detriment of a patent proprietor, who is ultimately responsible for the drafting of the application as filed and its claims. The fact that a feature in the application as filed is unclear cannot therefore justify or excuse the complete deletion of the unclear feature or its replacement by another feature if this results in an extension beyond the content of the application as filed. What prompted a patent proprietor to make a particular amendment to the claims cannot have any influence on the outcome of the assessment of the ground for opposition under Article 100(c) EPC (point 8 of the Reasons).
- Cited cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.