T 1049/93 (Emulsions/NITRO NOBEL) of 03.08.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T104993.19990803
- Date of decision
- 3 August 1999
- Case number
- T 1049/93
- Petition for review of
- -
- Application number
- 87900458.8
- IPC class
- C10M 173/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Water-in-oil emulsions
- Applicant name
- The Lubrizol Corporation
- Opponent name
- Nitro Nobel AB
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 116 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 71(1) 1973European Patent Convention R 71(2) 1973
- Keywords
- Amendments (main 1st and 2nd auxiliary requests) - partly no support in application as filed
Clarity - main 1st and 2nd auxiliary requests (no) - 3rd auxiliary request (yes)
Novelty (3rd auxiliary request) (yes)
Inventive step (yes) - non-obvious solution
Oral proceedings - absence of respondent (opponent) - final decision at oral proceedings (yes) - Catchword
- Where an opponent who has been duly summoned, chooses not to attend oral proceedings, a board of appeal may still consider prior art which may be an obstacle to the maintenance of the patent in suit, irrespective of by whom that prior art was put forward. Such prior art does not constitute new facts within the meaning of G 4/92, which may not be construed as extending or prolonging the rights of a voluntary absent party (see point 12 of the reasons).
- 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 first instance with the order to maintain the patent in amended form, namely:
claims: 1 to 9
description: pages 1 to 22
submitted as third auxiliary request at the oral proceedings on 3 August 1999.