European Patent Office

T 1434/21 of 07.05.2024

European Case Law Identifier
ECLI:EP:BA:2024:T143421.20240507
Date of decision
7 May 2024
Case number
T 1434/21
Petition for review of
-
Application number
10010731.7
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Process for preparing polymers and compositions thereof
Applicant name
The Lubrizol Corporation
Opponent name
New Market Services Corporation
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)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)
Keywords
Amendments - Main request, first and second auxiliary requests
Amendments - allowable (no)
Amendments - Third auxiliary request
Amendments - allowable (yes)
Inventive step - Main request (yes)
Inventive step - Third auxiliary request (yes)
Amendment to case - Third auxiliary request (admitted)
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 in amended form on the basis of the claims of the third auxiliary request filed with the reply to the statement of grounds of appeal after any necessary consequential amendment of the description.