T 0227/88 (Detergent compositions) of 15.12.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T022788.19881215
- Date of decision
- 15 December 1988
- Case number
- T 0227/88
- Petition for review of
- -
- Application number
- 82303675.1
- IPC class
- C11D 3/12
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Unilever
- Opponent name
- Henkel
- Board
- 3.3.02
- Headnote
1. In all cases in which amendments are requested by the patentee and are considered to be free from objection under Article 123 EPC, Article 102(3) EPC confers upon the Opposition Division and the Board of Appeal jurisdiction, and thus the power to decide upon the patent as amended in the light of the requirements of the Convention as a whole. This jurisdiction is thus wider than that conferred by Article 102(1) and (2) EPC, which expressly limits jurisdiction to the grounds of opposition mentioned in Article 100 EPC.
2. When substantive amendments are made to a patent within the extent to which the patent is opposed, both instances have the power to deal with grounds and issues arising from those amendments even though not specifically raised by an opponent pursuant to Rule 55(c) EPC (cf. point 3 of the Reasons; following T 9/87 - 3.3.1 Zeolites/ICI, 18 August 1988,JO EPO 1989, 438).
- Relevant legal provisions
- European Patent Convention Art 102(3) 1973European Patent Convention R 55(c) 1973
- Keywords
- Amendments in response to opposition - more substantial than necessary
Power to deal with issues following therefrom although not specifically pleaded - Catchword
- -
- Cited 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 with order to maintain the patent in its amended form on the basis of Claims 1 to 8 filed on 8 July 1988 with a description to be brought in conformity with these claims;
3. the Appellant is requested to file an adapted description within a period of two months from notification of this decision.