T 1504/21 (IDEMITSU KOSAN / FOULING REDUCTION / BIOFUEL) of 23.04.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T150421.20240423
- Date of decision
- 23 April 2024
- Case number
- T 1504/21
- Petition for review of
- -
- Application number
- 08738771.8
- 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
- LUBRICANT COMPOSITION
- Applicant name
- Idemitsu Kosan Co., Ltd.
- Opponent name
- Infineum International Limited
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(1)European Patent Convention Art 54(1)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 012(1)(c)Rules of procedure of the Boards of Appeal 2020 Art 012(1)(d)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Sufficiency of disclosure - (yes)
Inventive step - main request and auxiliary request 12 (no)
Inventive step - auxiliary request 14 (yes)
Basis of proceedings - power of the board to examine auxiliary requests of its own motion (yes)
Amendment to appeal case - submission made at oral proceedings
Amendment to appeal case - admitted (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 14 filed on 6 March 2020 and a description to be possibly adapted thereto.