European Patent Office

T 0189/23 of 07.10.2025

European Case Law Identifier
ECLI:EP:BA:2025:T018923.20251007
Date of decision
7 October 2025
Case number
T 0189/23
Petition for review of
-
Application number
17764498.6
IPC class
C08L 67/02
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
BIO-DEGRADABLE POLYESTER COMPOSITION
Applicant name
Kingfa Sci. & Tech. Co., Ltd.
Opponent name
BASF SE
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 111(1)European Patent Convention Art 54Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)
Keywords
Appeal case directed to facts on which decision was based (yes)
Amendment to case - evidence
Amendment to case - suitability of amendment to address issues (yes)
Sufficiency of disclosure - undue burden (no)
Novelty - implicit disclosure (no)
Appeal decision - remittal to the department of first instance (yes)
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 for further prosecution.