T 0318/24 (Nitric acid process/Stamicarbon) of 08.08.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T031824.20250808
- Date of decision
- 8 August 2025
- Case number
- T 0318/24
- Petition for review of
- -
- Application number
- 17781577.6
- 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
- PLANT AND PROCESS FOR PRODUCING NITRIC ACID
- Applicant name
- Stamicarbon B.V.
- Opponent name
- 1. CASALE SA
2. thyssenkrupp Industrial Solutions AG - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendment to case - suitability of amendment to address issues (yes)
Amendment after summons - exceptional circumstances (no)
Amendments - allowable (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- T 2843/19
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside. 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 submitted as auxiliary request 2B with the reply to opponent 1's appeal and a description to be adapted if necessary.
2. The appeal fee of former appellant 1 (patent proprietor) is reimbursed at 25% pursuant to Rule 103(4)(a) EPC.