T 0341/92 (Basic lead salts) of 30.08.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T034192.19940830
- Date of decision
- 30 August 1994
- Case number
- T 0341/92
- Petition for review of
- -
- Application number
- 85115046.6
- IPC class
- C07C 53/126
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Verfahren zur Herstellung von 2-basischen Blei(II)- Fettsäuresalzen
- Applicant name
- NEYNABER CHEMIE
- Opponent name
- Metallgesellschaft AG
Bärlocher GmbH - Board
- 3.3.01
- Headnote
1. A decision may be based on a ground discussed for the first time during oral proceedings which would prevent the patent being maintained as amended, at least if the stage reached in the case was such that the absent - albeit duly summoned - patent proprietor could have expected the question to be discussed and was aware from the proceedings to date of the actual bases on which it would be judged (see G 4/92 - OJ EPO 1994, 149). 2. The decision can therefore be based on the ground - not discussed prior to the oral proceedings - that a claim amendment requested by the patent proprietor is, under Article 123(3) EPC, an inadmissible extension of the protection conferred.
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973
- Keywords
- Main request: inadmissible extension (yes) - new objection in oral proceedings in patent proprietor's absence
Subsidiary request: inventive step (yes) - Catchword
- -
- Cited cases
- G 0004/92
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to first instance with the order that the patent be maintained with the claims according to the subsidiary request, received on 27 May 1992, and with a description which still needs to be amended accordingly.