T 0395/22 (Rubberising of leather/KEMAS) of 24.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T039522.20240124
- Date of decision
- 24 January 2024
- Case number
- T 0395/22
- Online on
- 16 February 2024
- Petition for review of
- -
- Application number
- 14780610.3
- IPC class
- C14C 11/00C14C 3/28
- 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
- TANNING PROCESS FOR PRODUCING LEATHER WITH HIGH ELASTIC PROPERTIES AND LEATHER OBTAINED
- Applicant name
- Kemas S.r.l.
- Opponent name
- Conceria Settebello S.p.A.
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 56European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Grounds for opposition - lack of patentability (yes)
Inventive step - obvious alternative
Inventive step - auxiliary request (yes)
Amendments - allowable (no)
Amendment to case - amendment admitted (yes)
Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020
Amendment after summons - exceptional circumstances (yes)
Amendment after summons - taken into account (yes) - Catchword
- -
- Cited cases
- -
- 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 department of first instance with the order to maintain the patent on the basis of auxiliary request 5A filed during the oral proceedings on 24 January 2024, and a description to be adapted where appropriate.