European Patent Office

T 1167/22 (Zirconia-based porous body/DAIICHI) of 16.01.2024

European Case Law Identifier
ECLI:EP:BA:2024:T116722.20240116
Date of decision
16 January 2024
Case number
T 1167/22
Petition for review of
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Application number
14887437.3
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
ZIRCONIA-BASED POROUS BODY AND METHOD FOR PRODUCING SAME
Applicant name
Daiichi Kigenso Kagaku Kogyo Co., Ltd.
Opponent name
Neo Chemicals & Oxides (Europe) Ltd.
Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 139Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed evidence - circumstances of appeal case justify admittance (yes)
Amendment after summons - cogent reasons (no)
Sufficiency of disclosure - (yes)
Claims - product-by-process claims
Claims - clarity
Claims - main request (yes)
Inventive step - main request (yes)
Inventive step - non-obvious solution
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 set of claims of the main request, previously filed with the reply to the appeal as auxiliary request 1, and a description to be adapted if needed.