European Patent Office

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)
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.