T 0253/95 of 17.12.1997

European Case Law Identifier: ECLI:EP:BA:1997:T025395.19971217
Date of decision: 17 December 1997
Case number: T 0253/95
Petition for review of: -
Application number: 85105602.8
IPC class: C08F 279/04
Language of proceedings: English
Distribution: Distributed to board chairmen and members (B)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: Modified impact-resistant vinyl-aromatic polymers
Applicant name: Montedison S.p.A.
Opponent name: BASF Aktiengesellschaft, Ludwigshafen
Board: 3.3.03
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2) 1973 European Patent Convention Art 56 1973
Keywords: Grounds of opposition - board as well as opponent entitled to raise new arguments based on grounds, facts and evidence already present in the proceedings
Amendments - added subject-matter (main and first auxiliary requests: yes; second auxiliary request: no)
Inventive step - (yes) no incentive to combine unobvious features
Catchword: Alerting a party to a possible argument against him and on a ground on which the burden of proof rests on him, in advance of the oral proceedings, would amount to a clear violation of the principle of impartiality, irrespective of the fact that the communication setting out such an argument would also be sent to the other party.
Cited cases: G 0007/91 G 0008/91 G 0009/91 G 0010/91 G 0004/92 G 0006/95
Citing cases: T 0241/98 T 0079/01 T 0522/02 T 0394/03 T 1848/12

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The main and first auxiliary requests are dismissed.

3. The case is remitted to the Opposition Division with the order to maintain the patent on the basis of the second auxiliary request and after any necessary amendment to the description.