T 1719/21 of 16.10.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T171921.20251016
- Date of decision
- 16 October 2025
- Case number
- T 1719/21
- Petition for review of
- -
- Application number
- 13767543.5
- IPC class
- C08L 23/08H01L 31/048
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- SOLAR CELL SEALING MATERIAL AND SOLAR CELL MODULE
- Applicant name
- Mitsui Chemicals, Inc.
Mitsui Chemicals Tohcello, Inc. - Opponent name
- Borealis GmbH
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Amendment to case - inventive step objection admissibly raised and maintained (yes)
Sufficiency of disclosure - (yes)
Inventive step - closest prior art involving the use of a commercial product
Inventive step - realistic starting point for the invention in view of G 1/23 (yes)
Inventive step - non obvious alternative and non obvious improvement - Catchword
- It cannot be taken from the reasoning of the Enlarged Board in G 1/23 that where a modification of a non-reproducible but commercially available product as such is necessary, then the non-reproducible product does not form the closest prior art. What needs to be modified is part of the inventive thinking of the skilled person in order to solve the problem addressed, but not a consideration concerning the selection of that starting point.
- Citing cases
- T 1902/23
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 2 filed with the reply to the statement of grounds of appeal after adaptation of the description, if necessary.