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)
- Download
- Decision in English
- 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.