T 1406/21 of 09.02.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T140621.20240209
- Date of decision
- 9 February 2024
- Case number
- T 1406/21
- Online on
- 2 May 2024
- Petition for review of
- -
- Application number
- 15747187.1
- 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
- POLYMERIC MATERIALS
- Applicant name
- Victrex Manufacturing Limited
- Opponent name
- Solvay Specialty Polymers USA, LLC
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973Rules 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
- Novelty - main request (no)
Novelty - auxiliary request (yes)
Auxiliary request - admitted into the proceedings (yes)
Inventive step - auxiliary request (yes) non obvious improvement
New objections raised during the oral proceedings - admitted into the proceedings (no) - 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 opposition division with the order to maintain the patent in amended form on the basis of claim 1 of auxiliary request XI filed with the reply to the statement of grounds of appeal after any necessary consequential amendments to the description.