T 0310/94 (Dye Compositions/SUMITOMO) of 08.10.1996

European Case Law Identifier: ECLI:EP:BA:1996:T031094.19961008
Date of decision: 8 October 1996
Case number: T 0310/94
Petition for review of: -
Application number: 86102064.2
IPC class: C09B 67/26
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: Aqueous liquid dye composition
Applicant name: SUMITOMO CHEMICAL COMPANY, LIMITED
Opponent name: Bayer AG, Leverkusen Konzernverwaltung RP Patente Konzern
Board: 3.3.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 102(3) 1973 European Patent Convention Art 123(2) 1973 European Patent Convention Art 54(1) 1973 European Patent Convention Art 54(2) 1973 European Patent Convention Art 54(3) 1973 European Patent Convention Art 54(4) 1973 European Patent Convention Art 56 1973 European Patent Convention Art 84 1973 European Patent Convention Art 87 1973 European Patent Convention R 89 1973
Keywords: Main and first auxiliary request: right to priority (no) - novelty (yes) - inventive step (no)
Second auxiliary request: added subject-matter (yes)
Third auxiliary request: right to priority (yes) - novelty (yes) - inventive step (yes)
Auxiliary requests: clarity - objection not arising out of amendment
Catchword: -
Cited cases: T 0301/87
Citing cases: -

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The matter is remitted to the first instance with the order to maintain the patent on the basis of the sets of claims according to the third auxiliary request submitted at the oral proceedings on 8 October 1996 and subsequently corrected by the Board by the deletion of the wording "and Y is -SO2CH=CH2 or -SO2CH2CH2Z, in which Z is a group splittable by an alkali" from Claim 6 for the contracting states BE, NL and SE and a description yet to be adapted.