Skip to main content Skip to footer
HomeHome
 
  • Homepage
  • Searching for patents

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

    • Overview
    • Technical information
      • Overview
      • Espacenet - patent search
      • European Publication Server
      • Searching Asian documents: patent search and monitoring services
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet and OPS
    • Legal information
      • Overview
      • European Patent Register
      • European Patent Bulletin
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Overview
      • PATSTAT
      • IPscore
      • Patent insight reports
    • Data
      • Overview
      • Linked open EP data
      • Bulk data sets
      • Web services
      • Coverage, codes and statistics
    • Helpful resources
      • Overview
      • First time here?
      • Asian patent information
      • Patent information centres
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

    • Overview
    • European route
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
      • Appeals
      • Unitary Patent & Unified Patent Court
      • National validation
      • Request for extension/validation
    • International route (PCT)
      • Overview
      • Euro-PCT Guide – PCT procedure at the EPO
      • EPO decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
      • Training and events
    • National route
    • MyEPO services
      • Overview
      • Understand our services
      • Get access
      • Find a professional representative
      • File with us
      • Interact on your files
      • Online Filing & fee payment outages
      • Tutorials
    • Forms
      • Overview
      • Request for examination
    • Fees
      • Overview
      • European fees (EPC)
      • International fees (PCT)
      • Unitary Patent fees (UP)
      • Fee payment and refunds
      • Warning

    UP

    Unitary Patent

  • Law & practice

    Law & practice

    European patent law, the Official Journal and other legal texts.

    Go to overview 

    • Overview
    • Legal texts
      • Overview
      • European Patent Convention
      • Official Journal
      • EPC Guidelines
      • PCT-EPO Guidelines
      • Guidelines revision cycle
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
      • Unitary patent system
      • National law relating to the UP
    • Court practices
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives

    legal text

    Legal texts

  • News & events

    News & events

    Our latest news, podcasts and events, including the European Inventor Award.

    Go to overview 

     

    • Overview
    • News
    • Events
    • European Inventor Award
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2022 ceremony
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • Innovation and patenting in focus
      • Overview
      • Firefighting technologies
      • Green tech in focus
      • CodeFest on Green Plastics
      • Clean energy technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
      • Lifestyle
      • Space and satellites
      • The future of medicine
      • Materials science
      • Mobile communications
      • Biotechnology
      • Patent classification
      • Digital technologies
      • The future of manufacturing
      • Books by EPO experts
    • "Talk innovation" podcast

    Podcast

    Listen to our podcast

  • Learning

    Learning

    The e-Academy – the point of access to your learning

    Go to overview 

    • Overview
    • European Patent Academy
      • Overview
      • Learning activities
      • Learning paths
    • Professional hub
      • Overview
      • EQE - European qualifying examination
      • EPAC - European patent administration certification
    • Learning resources by area of interest
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
    • Learning resources by area by profile
      • Overview
      • Business and IP managers
      • EQE candidates
      • Judges, lawyers and prosecutors
      • National offices and IP authorities
      • Patent attorneys and paralegals
      • Universities, research centres and technology transfer centres (TTOs)

    European Patent Academy

    Boost your IP knowledge with (e-)training from the European Patent Academy

  • About us

    About us

    Find out more about our work, values, history and vision

    Go to overview 

    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Overview
      • A glimpse of the planned activities
      • Kids’ collaborative art competition
      • 50 Leading Tech Voices
    • Legal foundations and member states
      • Overview
      • Legal foundations
      • Member states of the European Patent Organisation
      • Extension states
      • Validation states
    • Governance
      • Overview
      • Communiqués
      • Calendar
      • Select Committee documents
      • Administrative Council
    • Principles & strategy
      • Overview
      • Our mission, vision, values and corporate policy
      • Public consultation on the EPO's Strategic Plan 2028
      • Towards a New Normal
    • Leadership & management
      • Overview
      • President António Campinos
      • Management Advisory Committee
    • Social responsibility
      • Overview
      • Environment and sustainability
      • Art collection
    • Services & activities
      • Overview
      • Our services & structure
      • Quality
      • Consulting our users
      • European and international co-operation
      • European Patent Academy
      • Chief Economist
      • Ombuds Office
      • Reporting wrongdoing
    • Procurement
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering and electronic signatures
      • Procurement portal
      • Invoicing
      • General conditions
      • Archived tenders
    • Transparency portal
      • Overview
      • General
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s

    about us

    Patent Index 2022

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
  • New to patents
    • Go back
    • Overview
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Your business and patents
    • Is it patentable?
    • Are you first?
    • Why do we have patents?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • Searching Asian documents
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
            • Go back
            • Overview
            • BG - Federated Register Service
            • GB - Federated Register Service
            • NL - Federated Register Service
            • MK - Federated Register Service
            • ES - Federated Register Service
            • GR - Federated Register Service
            • SK - Federated Register Service
            • FR - Federated Register Service
            • MT - Federated Register Service
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Patent insight reports
    • Data
      • Go back
      • Overview
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
          • Go back
          • EBD files (weekly download) - free of charge
            • Go back
            • Secure EBD ST.36 files (weekly download) - for national patent offices only
        • Boards of Appeal decisions
        • EP full-text data for text analytics
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Helpful resources
      • Go back
      • Overview
      • First time here? Patent information explained.
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Unitary Patent Guide
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Online Filing 2.0 pilot
        • MyEPO Portfolio - pilot phase
        • Online Filing 2.0 pilot continuation
        • Exchange data with us using an API
      • Get access
        • Go back
        • Overview
        • Installation and activation
      • Find a professional representative
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact on your files
      • Online Filing & fee payment outages
      • Tutorials
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Request for examination
  • Law & practice
    • Go back
    • Overview
    • Legal texts
      • Go back
      • Overview
      • European Patent Convention
        • Go back
        • Overview
        • Archive
          • Go back
          • Overview
          • Documentation on the EPC revision 2000
            • Go back
            • Overview
            • Diplomatic Conference for the revision of the EPC
            • Travaux préparatoires
            • New text
            • Transitional provisions
            • Implementing regulations to the EPC 2000
            • Rules relating to Fees
            • Ratifications and accessions
          • Travaux Préparatoires EPC 1973
      • Official Journal
      • EPC Guidelines
        • Go back
        • Overview
        • Archive
      • PCT-EPO Guidelines
        • Go back
        • Overview
        • Archive
      • Guidelines revision cycle
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2023 ceremony
      • European Inventor Network
        • Go back
        • Activities granted in 2023
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • CodeFest on Green Plastics
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Patents and standards
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • European Patent Academy
      • Go back
      • Overview
      • Learning activities
      • Learning Paths
    • Professional hub
      • Go back
      • Overview
      • EPAC - European patent administration certification
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Archive
        • Candidates successful in the European qualifying examination
        • Compendium
          • Go back
          • Overview
          • Pre-examination
          • Paper A
          • Paper B
          • Paper C
          • Paper D
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
        • Go back
        • Overview
        • Patent enforcement in Europe
        • Patent litigation in Europe
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventors' handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
            • Go back
            • Overview
            • Is the idea ‘obvious’?
            • Prior art searching
            • Professional patent searching
            • Simple Espacenet searching
            • What is prior art?
            • Why is novelty important?
          • Competition and market potential
            • Go back
            • Overview
            • Research guidelines
          • Assessing the risk ahead
            • Go back
            • Overview
            • Exploitation routes
            • Significant commercial potential
            • Significant novelty
            • What about you?
            • What if your idea is not novel but does have commercial potential?
          • Proving the invention
            • Go back
            • Overview
            • Help with design or redesign
            • Prototype strategy
          • Protecting your idea
            • Go back
            • Overview
            • Forms of IPR
            • Patenting strategy
            • The patenting process
          • Building a team and seeking funding
            • Go back
            • Overview
            • Building a team
            • Sources of funding
            • Sources of help for invention
          • Business planning
            • Go back
            • Overview
            • Constructing a business plan
            • Keep it short!
          • Finding and approaching companies
            • Go back
            • Overview
            • First contact
            • Meetings
          • Dealing with companies
            • Go back
            • Overview
            • Advance or guaranteed payment
            • Companies and your prototype
            • Full agreement – and beyond
            • Negotiating a licensing agreement
            • Reaching agreement
            • Royalties
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • For IP professionals
          • For business decision-makers
          • For stakeholders of the innovation ecosystem
        • IP clinics
      • EQE Candidates
        • Go back
        • Overview
        • Coffee-break questions
        • Daily D questions
        • European qualifying examination - Guide for preparation
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • Pan-European Seal Young Professionals Programme
          • Go back
          • Overview
          • For students
          • For universities
            • Go back
            • Overview
            • IP education resources
            • University memberships
          • Our young professionals
          • Professional development plan
        • IP Teaching Kit
          • Go back
          • Overview
          • Download modules
        • Intellectual property course design manual
  • About us
    • Go back
    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Go back
      • Overview
      • 50 Leading Tech Voices
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Go back
      • Overview
      • Legal foundations
      • Member states
        • Go back
        • Overview
        • Member states by date of accession
      • Extension states
      • Validation states
    • Governance
      • Go back
      • Overview
      • Communiqués
        • Go back
        • Overview
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • Invoicing
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • Social responsibility
      • Go back
      • Overview
      • Environment
      • Art collection
        • Go back
        • Overview
        • The collection
        • Let's talk about art
        • Artists
        • Media library
        • What's on
        • Publications
        • Contact
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2022
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Procedure
    • Annual reports
      • Go back
      • Overview
    • Organisation
      • Go back
      • Overview
      • President of the Boards of Appeal
      • Enlarged Board of Appeal
        • Go back
        • Overview
        • Pending referrals (Art. 112 EPC)
        • Decisions sorted by number (Art. 112 EPC)
        • Pending petitions for review (Art. 112a EPC)
        • Decisions on petitions for review (Art. 112a EPC)
      • Technical Boards of Appeal
      • Legal Board of Appeal
      • Disciplinary Board of Appeal
      • Presidium
        • Go back
        • Overview
        • Composition of the Presidium
          • Go back
          • Overview
          • Archive
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2023
      • Archive
    • Annual list of cases
    • Communications
    • Publications
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
    • Case Law from the Contracting States to the EPC
    • Oral proceedings
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • Terms and conditions
        • Go back
        • Overview
        • Patent information products
        • Bulk data sets
        • Open Patent Services (OPS)
        • Fair use charter
    • Procedural communications
    • Useful links
      • Go back
      • Overview
      • Patent offices of member states
      • Other patent offices
      • Legal resources
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
      • Specific contact
      • Surveys
        • Go back
        • Overview
        • Search services
        • Examination services, final actions and publication
        • Opposition services
        • Patent filings
          • Go back
          • Overview
          • Detailed methodology
          • Archive
        • Online Services
        • Patent information
          • Go back
          • Overview
          • Innovation process survey
        • Customer services
        • Filing services
        • Website
        • Survey on electronic invoicing
        • Companies innovating in clean and sustainable technologies
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Forums
    • Glossary
Board of Appeals
Decisions

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t920201eu1
  1. Home
  2. T 0201/92 18-07-1995
Facebook Twitter Linkedin Email

T 0201/92 18-07-1995

European Case Law Identifier
ECLI:EP:BA:1995:T020192.19950718
Date of decision
18 July 1995
Case number
T 0201/92
Petition for review of
-
Application number
84107669.8
IPC class
C08B 11/193
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 950.37 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Continuous addition for preparing hydroxyalkylalkylcellulose ethers

Applicant name
THE DOW CHEMICAL COMPANY
Opponent name

Aqualon GmbH & Co. KG

HOECHST Aktiengesellschaft Zentrale Patentabteilung

Wolff Walsrode AG

Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 111 1973
European Patent Convention Art 113 1973
European Patent Convention Art 114 1973
European Patent Convention R 71a 1973
Keywords

Amendments - agreed by the boards of appeal

Late submitted material - appeal

Right to be heard

Catchword
New material (considered) Remittal (yes)
Cited decisions
T 0156/84
T 0326/87
T 0951/91
T 1016/93
T 0212/91
T 0892/92
T 0084/82
G 0005/88
G 0007/88
G 0008/88
T 0669/90
T 0339/92
T 0375/91
T 0356/94
T 0122/84
T 0092/92
J 0002/87
Citing decisions
T 0574/02
T 0215/03
T 1421/05
T 0730/07
T 0502/98
T 0880/02

I. The mention of the grant of European patent No. 0 134 465 in respect of European patent application No. 84 107 669.8, filed on 3 July 1984, claiming priority from application No. 512 086 of 8 July 1983 in the United States, was announced on 15 June 1988, on the basis of twelve claims, claim 1 reading as follows:

"A process for preparing mixed hydroxyalkylcellulose ethers containing C3 or higher hydroxyalkoxyl substituents by reacting cellulose with alkali metal hydroxide and etherifying agents comprising a C3 or higher alkylene oxide, characterized in that said process comprises the steps of (a) forming a reaction mass comprising cellulose and an amount of an alkali metal hydroxide at least sufficient to break up the crystallinity of the cellulose and (b) continuously adding a C3 or higher alkylene oxide and after the completion of the addition of the alkylene oxide continuously adding an etherifying agent other than an alkylene oxide to the reaction mass under conditions including an elevated temperature such that the alkylene oxide and the etherifying agent react with the cellulose to attach ether groups thereto."

II. On 23 January 1989, 30 January 1989 and 11 March 1989 respectively, three Notices of Opposition were filed and revocation of the granted patent in its entirety was requested under Article 100(a) EPC as well as under Article 100(b) EPC. The latter point was raised by Opponent 3 only and was subsequently abandoned. These objections were essentially based upon the following documents:

D2: US-A-4 096 325 and

D6: US-A-4 015 067.

III. By an interlocutory decision delivered orally on 12. November 1991 and issued in writing on 2 January 1992, the Opposition Division held that there were no grounds of opposition prejudicing the maintenance of the patent in amended form, i.e. on the basis of claims 1 to 12. filed on 12 November 1991, claim 1 reading as follows:

"A process for preparing mixed hydroxyalkylcellulose ethers containing C3 or higher hydroxyalkoxyl substituents in a charged reaction vessel by (a) forming a reaction mass comprising cellulose and an amount of a concentrated aqueous alkali metal hydroxide solution sufficient to break up the crystallinity of the cellulose and (b) reacting said reaction mass with etherifying agents by adding a C3 or higher alkylene oxide in an amount of 0.4 to 5 moles alkylene oxide per mole of cellulose pulp under conditions such that hydroxyalkoxy groups become attached to the cellulose and after the completion of the addition of the alkylene oxide adding, without intermediate cooling, of the reaction mass at elevated temperatures an etherifying agent other than an alkylene oxide to the reaction mass,

characterized by

continuously adding or adding in series of small portions the C3 or higher alkylene oxide at a temperature of 40°C to 140°C and continuously adding or adding in a series of small portions the etherifying agent other than an alkylene oxide to the reaction mass wherein the rate of addition of etherifying agent other than an alkylene oxide to the reaction mass is approximately equal to the rate of reaction thereof such that at no time are there large amounts of unreacted etherifying agent present and having an alkylene oxide conversion efficiency of at least 25 percent."

In substance, after acknowledging novelty, which was no longer a matter of dispute between the parties, the decision stated that (1) the relative amount of alkylene oxide, (2) the continuous addition of the alkylene oxide and the etherifying agent other than an alkylene oxide, and (3) the controlled addition of that etherifying agent, avoiding large excesses thereof, represented novel features which could not be derived in an obvious manner from the documents relied upon by the Opponents, so that an inventive step could not be denied.

IV. On 7 March 1992 an appeal against that decision was lodged solely by Opponent (2) (the Appellant) and the appeal fee was paid simultaneously. In the Statement of Grounds of Appeal filed on 12 May 1992 the Appellant maintained its objection of lack of inventive step on the basis of the approach followed before the first instance; in particular, the above indicated features (1) to (3) were said to be obvious in view of the teaching of D2 and D6.

V. In the Counterstatement of Appeal the Respondent (Proprietor) took the opposite view regarding features (1) to (3) and emphasised the importance in D2 of the intermediate cooling step between the hydroxypropylation and methylation reactions; the absence of such a step in the process as defined in Claim 1 of the patent in suit was further evidence for the presence of an inventive step.

VI. Following a communication sent together with the summons to oral proceedings which both parties had requested and which was to be held on 18 July 1995, the Appellant filed a statement received on 9 June 1995 in which reference was made to a new document (D11a. SU-B-397 519) together with its translation in German (D11) and the corresponding Derwent Abstract. According to that submission, D11 destroyed the novelty of the claimed subject-matter or, in any case, its teaching resulted in a lack of inventive step. In a further submission of 28 June 1995, the Appellant provided comparative data about the conversion rates achieved in D11 and the patent in suit.

VII. In its reply of 19 June 1995 the Respondent objected to the filing of a new citation at such a late stage, which amounted to an abuse of procedure. In fact, D11 did not have the relevance alleged by the Appellant, neither for the issue of novelty nor for that of inventiveness, and it should consequently be disregarded pursuant to Article 114(2) EPC. Two alternative sets of claims to be considered as first and auxiliary requests were filed simultaneously.

VIII. The same day the Appellant informed the EPO that its request for oral proceedings was withdrawn and that it would not attend the hearing.

IX. On 22 June 1995 Opponent 3, which, as a party as of right to the proceedings, had been duly summoned to the oral proceedings, informed the EPO that it would not attend the hearing.

X. Opponent 1 did not submit any statement and did not reply to the summons to oral proceedings.

XI. During oral proceedings, which were attended by the Respondent only, the Board informed the Respondent that it considered D11 prima facie relevant as regards the main request, and it raised a number of objections against both auxiliary requests. In response the Respondent abandoned its previous requests and filed as its sole request a new set of ten claims and an adapted description, these claims reading:

"1. A process for preparing mixed hydroxyalkylcellulose ethers containing C3 or higher hydroxyalkoxyl substituents in a charged reaction vessel by (a) forming a reaction mass comprising cellulose and an amount of a concentrated aqueous alkali metal hydroxide solution at least sufficient to break up the crystallinity of the cellulose, (b) reacting said reaction mass with a C3 or higher alkylene oxide continuously added or added as a series of small portions at a temperature of 40°C to 140°C in an amount of 0.4 to 5 moles alkylene oxide per mole of cellulose pulp under conditions such that hydroxyalkoxy groups become attached to the cellulose, the alkylene oxide conversion efficiency being at least 25. percent, and, after completion of that reaction and while maintaining the temperature in the reaction vessel, and (c) continuously adding or adding in a series of small portions an etherifying agent other than an alkylene oxide to the reaction mass, the rate of addition of the alkylene oxide and the etherifying agent other than an alkylene oxide to the reaction mass being approximately equal to the rate of reaction thereof such that at no time are there large amounts of unreacted alkylene oxide and the etherifying agent present.

2. The process of claim 1 wherein (i) in step (a) the amount of alkali metal hydroxide is not substantially in excess of that amount required to break up the crystallinity of the cellulose; and (ii) said step (b) comprises ( ) continuously adding or adding in a series of small portions at elevated temperature to the reaction mass a C3 or higher alkylene oxide under conditions such that the desired amount of hydroxyalkoxyl groups become attached to the cellulose; then (ß) adding an incremental amount of alkali metal hydroxide to the reaction mass, and having an alkylene oxide conversion in excess of 40%.

3. The process of claim 1 or 2 wherein the temperature is in the range of from 40°C to 120°C.

4. The process of claims 1 to 3 wherein the alkylene oxide is propylene oxide and from 0.4 to 5 moles of propylene oxide are employed per mole of cellulose.

5. The process of claim 1 or 2 wherein the etherifying agent is a haloaliphatic carboxylic acid, an alkyl halide, or a dialkyl sulphate.

6. The process of claim 5 wherein the etherifying agent is chloroacetic acid or chloromethane.

7. The process of claim 6 wherein the etherifying agent is chloromethane and from 1.3 to 6 moles of chloromethane are employed per mole of cellulose.

8. The process of claim 2 wherein following the addition of alkylene oxide in step ( ) the reaction mixture containing the cellulose pulp, the alkali metal hydroxide and alkylene oxide is maintained at a temperature of 40°C to 120°C from about 15 minutes to 2 hours prior to the addition of the incremental amount of alkali metal hydroxide.

9. The process of claim 2 wherein following the addition of etherifying agent in step (c), the reaction mixture os maintained at a temperature of 40°C to 120°C for a period of 15 minutes to 2 hours.

10. The process of claim 2 or 9 wherein from 0.15 to 0.5. part of sodium hydroxide per part by weight of cellulose is employed in step (a) and from 0.35 to 1.0 part of sodium hydroxide is employed per part by weight of cellulose in step (ß)."

XII. Following the submission of the above set of claims the Respondent was invited by the Board to present arguments showing that the disclosure of D11 was in fact not relevant as regards the process as defined in Claim 1. In substance, the Respondent stated that, although D11 disclosed the gradual addition of propylene oxide to the alkali cellulose, there were substantial differences, in particular the continuous or portionwise addition of the second etherifying agent, so that no excess of this agent was present, by which higher yields could be achieved. Therefore, D11 could not be considered as sufficiently relevant to be taken into account by the Board.

XIII. The Appellant requested that the decision under appeal be set aside and that the patent be revoked entirely.

The Respondent requested that the decision under appeal be set aside and that the patent be maintained on the basis of claims 1 to 10 and the adapted description, both as filed during oral proceedings, or, as an auxiliary request, that the case be remitted to the first instance for further prosecution on the basis of the above claims and description.

1. The appeal is admissible.

2. Amendments.

2.1. Considering that in Claim 1, line 14, the word "reaction" is to be replaced by "addition" (see original Claim 1), the requirements of Article 123(2) EPC are fulfilled. In particular,

- the use of a concentrated alkali hydroxide solution (page 2, line 56 of the description as granted),

- the molar ratio of alkylene oxide to cellulose pulp (claim 11 as granted),

- the conditions such that hydroxyalkoxy groups are attached to the cellulose (page 3, lines 20 to 22, 32. to 33 and 62 to 63),

- the temperature in the reactor vessel (page 3, lines 14 to 17),

- the possible addition of etherifying agents in a series of small portions (page 3, lines 30 to 32),

- the rate of addition of the etherifying agents (page 3, lines 24 to 27 and 44 to 46), and

- the alkylene oxide conversion efficiency (page 4, lines 29 to 30)

have been disclosed in the original application.

In substance, the scope of the claims has not been affected by the reformulation using the one-part form, so that the requirements of Article 123(3) EPC are met as well.

2.2. As far as the dependent Claims 2 to 10 are concerned, the only major amendment concerns Claim 2, in which on the one hand the features of the last step, which, in view of the dependency to Claim 1, were redundant, have been deleted, and on the other hand the alkylene oxide conversion efficiency has been incorporated. The latter feature is supported by page 4, lines 29 to 30 of the description as granted.

2.3. The other amendments, namely (i) the deletion of "a" before "...the addition of said..." at the end of Claim 8, (ii) the amendment of "the following" into "following the" and the reference to step (c) in Claim 9, and (iii) the reference to "step (a)" instead of "step ( )" in Claim 10 are all of editorial nature, hence without influence on the scope of the claims.

3. Procedural matter; filing of new evidence.

3.1. As mentioned in point VI above, the Appellant filed a new document (D11a) by a submission dated 19 June 1995. That was after a communication had been sent by the Board on 26 May 1995, accompanying the summons to oral proceedings on 18 July 1995. The communication set a time limit for filing further written submissions of one month before the date set for oral proceedings.

3.2. In the meantime a new Rule 71a of the Implementing Regulations concerning inter alia a restriction with regard to the consideration of new facts and evidence entered into force on 1 June 1995 (see Article 2 and Annex of the Decision of the Administrative Council of 13. December 1994; OJ 1995, 9). However, this rule does not yet apply in the present case, because the time limit for filing further submissions was fixed before the Rule entered into force.

3.3. The Respondent had argued that the Appellant had not introduced D11a "on the date of its knowledge of its contents", so that withholding it constituted an abuse of proceedings, and referred to paragraph 2 of the Appellant's letter of 9 June 1995 without further substantiation. Furthermore, it argued that the new document was not more relevant than the ones already on file. However, as the Board does not agree with the latter view (see point 5 below), the question of the allowability of new evidence in the light of an abuse of procedure will have to be decided.

3.4. The question of consideration of newly filed facts and evidence, and whether they have to be qualified as "late" is a common problem in procedural law. Facts and evidence are then called "new";"new" to be understood in the procedural sense, not in the sense of "novelty" as under Article 54 EPC (in some contracting states they are also called "nova", see "inter alia" Fasching H.W., Lehrbuch des österreichischen Zivilprozessrechts, 2.A. Wien 1990, page 872, Guldener M., Schweizerisches Zivilprozessrecht, 3.A. Zürich 1979, page 489), when they are not submitted in the first submission of each party or when they are not the direct response either to a submission of one of the other parties or to a question, an order or a decision of the competent instance. They are usually dealt with according to the objects and purposes of the procedures concerned.

To deal with this problem the EPC states in its Article 114(1) EPC that the EPO (including the Boards of Appeal) "shall examine the facts of its own motion; it shall not be restricted in this examination to the facts, evidence and arguments provided by the parties and the relief sought", and adds in Article 114(2) in regard to new submissions that it may "disregard facts or evidence, which are not submitted in due time by the parties concerned".

While it is made clear by these provisions that new submissions are allowable, it leaves open what has to be understood by "in due time".

The practice of the Boards is consistent that new submissions are to be considered once they are found "relevant" (see: e.g. T 156/84, OJ EPO 1988, 372; T 326/87, OJ EPO 92, 522; T 951/91, OJ EPO 95, 202; T 1016/93 of 23 March 1995; T 212/91 of 16 May 1995). Relevant is not only understood as relevant for the outcome of the decision, but also in the sense of being useful for the explanation of the reasons of the decision. The practice of the Boards has not defined the latest point in time at which newly introduced matter may be taken into account, but penalties as to costs have been considered where the filing party's reasons pointed to an abuse of procedure (see T 1016/93 as cited above and the further practice cited therein).

3.5. It is undisputed that the proceedings before the Boards of Appeal as well as those before the Opposition Division are conducted in writing with one (or several) optional oral proceedings usually following the written stage (see Article 108, 110(2), 99(1), 101(2) and 116(1) EPC). Any party has the right to be heard in these proceedings (Article 113 EPC) and any party is entitled to a fair procedure (see e.g. T 892/92, OJ EPO 1994, 664). A party has therefore to be given a fair chance to respond to objections by the instances of the EPO or by other parties. Both the instances of the EPO and the parties have to observe the principle of good faith (T 84/82, OJ EPO 1983, 451 and G 5/88, 7/88, 8/88, OJ EPO 1991, 137; J 2/87 OJ EPO 1988, 330, point 9). In inter-partes proceedings every party has to be given equal opportunity to present their submissions during the written and the oral stages (see: T 669/90, OJ EPO 1992, 739). Furthermore, it follows clearly from the provisions of the EPC as well as from the nature and the purpose of appeal proceedings (see inter alia Article 110(2), 111, 114(1), 114(2), 116(1), 117, 122, 125 EPC) that it is the competent Board who has the duty to direct and control the proceedings before it. Due to the fact that every legal and judicial procedure has to come to an end within due time, the principle of procedural economy is inherent in any procedural law, as it appears in the EPC inter alia in Article 114(2) and also clearly follows from the Travaux Préparatoires of the EPC (see: T 951/91, OJ 1995,202).

That means that any party, and not least the attacking ones, has to observe a fair degree of procedural vigilance.

3.6. That implies further that facts and evidence must be submitted once they are available and once it has become clear that they are relevant. As mentioned above, this usually arises as a result of the submissions of other parties or communications, orders or questions by the competent instance and it is possible that a decision under appeal, be it by the manner of an interpretation or otherwise, makes it apparent for the first time that more or other facts and evidence are needed to substantiate a certain point or that other submissions are necessary. It is to be underlined in this context that the Board of Appeal is not entitled to use hindsight while considering the procedural duties of the parties.

This means also that the Board may ask for an explanation so as to make sure that the filing of new matter does not constitute an abuse of procedure. If the explanation is not convincing, new facts and evidence were not duly filed, which means that they were not filed "in due time". That brings forth the application of Article 114(2), which may then be reconsidered when the adverse party has agreed to the consideration of new matter.

3.7. All these principles are reflected in the current practice of the Boards. The practice according to T 156/84 (OJ EPO 88, 372) to the effect that the investigative power of the Board takes precedence over the possibility not to consider new material, is to be qualified in the light of the above insofar as the filing of new material may not lead to an abuse of procedure. Another line of practice (see e.g. T 951/91, OJ EPO 1995, 202 and T 212/91 of 16 May 1995) to the effect that new facts and evidence should only exceptionally be admitted into the proceedings, is consistent with the above insofar as this means that new matter is to be considered when it is found relevant and when there was no abuse of procedure. The same applies to the practice according to T 1016/93 (of 23 March 1995). However, in view of the above, it is added that an abuse of procedure may not just lead to an apportionment of costs according to Article 104 EPC, but may result in the exclusion of new material altogether. In T 339/92 (of 17 February 1995) it was found that new material had to be considered because it did not cause a delay in the procedure and because both parties had dealt with it, i.e. no abuse of procedure was seen in this case. In T 375/91 (of 17 November 1994), on the other hand, the filing of test results in response to an objection by the adverse party more than two years after this objection had been raised and after oral proceedings were appointed and only few weeks before the hearing, was found to jeopardize the other party's right to respond in time and to be contrary to a fair and expedient procedure. A similar approach was followed in T 356/94 of 30 June 1995 in line with T 122/84 (OJ EPO 87, 177, point 14.2), but because the party concerned had been given sufficient opportunity to respond, its right to be heard was not found to be infringed while the aspect of fairness and expediency of procedure was not dealt with as such.

The filing of new material may also lead to the remittal of the case to the department which was responsible for the decision appealed (Article 111(1) EPC), but that depends on the circumstances of each specific case (see below).

3.8. The submission of facts and evidence is different from the mere submission of arguments (see also: T 92/92 of 21. September 1993). They need not be restricted insofar as they do not essentially change the procedural situation. However, in written proceedings the filing or exchange of submissions has also to be brought to an end, in particular when oral proceedings are going to follow.

3.9. Once the parties have been given fair and equal opportunity to present their written submissions, it would be a perfectly fair approach, in the light of the above, to conclude the written stage and to open the oral stage by fixing a date for oral proceedings. However, the Board has in the present case chosen to go further and to fix a time limit for further written submissions. That does not mean that parties were given the opportunity to withhold relevant facts or evidence until that date, or (in the case of the attacking party) to start a thorough search for material only at an advanced procedural stage (see also T 951/51, OJ EPO 95, 202). On the contrary, as soon as relevant new facts and evidence are discovered, they have to be communicated expediently so that the Board and the other parties can take the steps deemed necessary. The additional time limit can only mean that open points which need written clarification or the filing of amended claims and descriptions in line with the procedural situation are to be completed so that oral proceedings can be duly prepared. Because the appeal procedure is principally conducted in writing, because Article 11(3) of the Rules of Procedure of the Boards of Appeal (OJ EPO 1989, 361) requires that the case has to be ready for decision at the conclusion of the oral proceedings, and because the Boards of Appeal are the last instance in the proceedings before the EPO, the mentioned time limit means that all the material necessary for the decision should have been filed by then, save special circumstances which did not allow a party to file it in time. It needs hardly be added that claims and description may still be changed afterwards according to the procedural situation and the Board's acquiescence. But, in the light of what was said above, new facts and evidence are only considered when they are relevant and when their filing does not amount to an abuse of procedure.

4. In the present case, the Appellant's submission of 9. June 1995 in reply to the communication of the Board in preparation of the oral proceedings, did not contain any comment on the content of that communication, nor any argument in connection with the reasons given in the decision under appeal; on the contrary, it was merely used to introduce a new citation, thereby modifying the factual framework of the case. The Appellant explained that the relevance of the corresponding Derwent Abstract was not immediately apparent and that, consequently, there was no reason to consider a full translation of the Russian patent.

However, as it appears from the search report, reference was not made to the Derwent Abstract, but to the article from Chemical Abstracts as well as to the original patent document, i.e. document D11a; moreover, that disclosure was already classified as a relevant document which should have been an incentive for the Opponent/Appellant to consider not just the abstract, but the full document when the opposition or at the latest when the appeal was lodged. The Appellant's course of action is thus not fully in line with the principles enunciated above and the Board considers that a more diligent approach of the Appellant would have resulted in an earlier filing of D11a and D11, thus avoiding the risk that this evidence might not be taken into consideration due to late filing. However, the Board cannot regard the Respondent's unspecified reference to the Appellant's letter of 9 June 1995 as evidence that the Appellant was in fact aware of the full disclosure of D11a at an earlier stage and that the disclosure has been withheld e.g. for tactical purposes, so that in that respect an abuse of procedure cannot be acknowledged in this case. Therefore, the new evidence D11 has to be considered.

5. The Board has duly examined the late filed document D11 and has found it to be sufficiently relevant to be admitted to the proceedings.

This citation discloses the gradual ("allmählich" in the German translation) addition of propylene oxide to alkali cellulose, which disclosure was confirmed by the Respondent. This characteristic, which, in view of the arguments brought forward during the opposition and appeal proceedings, is an essential feature of the process as defined in Claim 1, is not disclosed by any of D2 or D6, which makes D11 more relevant than these citations. Moreover, the opposite assertions made by the parties regarding the conversion rate of the etherifying agents as well as the question of the influence of the temperature on that efficiency, which hitherto has not been considered by the parties and which, in the Board's view, would appear crucial for a fair comparison of that feature, require an examination of the opposition on an entirely new basis. For this reason, the Board comes to the conclusion that D11 cannot be disregarded (T 156/84, OJ EPO 1988, 372) and that the opposition should be examined on that new basis.

6. Accordingly, the Board deems it appropriate in the present circumstances to make use of the power conferred upon it in Article 111(1) EPC to remit the case to the Opposition Division for further prosecution. As far as possible the matter should be dealt with in good time in order not to delay the procedure any further.

Order

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the first instance for further prosecution on the basis of claims 1 to 10 and the description, both as submitted on 18 July 1995.

Footer - Service & support
  • Service & support
    • FAQ
    • Contact us
    • Subscription centre
    • Official holidays
    • Publications
    • Procedural communications
    • Ordering
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
SoMe facebook 0
European Patent Office
EPO Jobs
SoMe instagram
EuropeanPatentOffice
SoMe linkedIn
European Patent Office
EPO Jobs
EPO Procurement
SoMe twitter
EPOorg
EPOjobs
SoMe youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility