T 0450/97 (Shampoo composition) of 05.02.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T045097.19980205
- Date of decision
- 5 February 1998
- Case number
- T 0450/97
- Petition for review of
- -
- Application number
- 85308142.0
- IPC class
- A61K 7/08
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Composition pour shampooings
- Applicant name
- The Procter & Gamble Company
- Opponent name
- 01/requérant: Henkel KGaA
03/requérant: L'Oreal
02/autre partie: Unilever PLC - Board
- 3.3.02
- Headnote
I. The mere addition of a reference to prior art does not contravene Article 123(2) EPC (following T 11/82, T 51/87).
II. After limitation of the claims, also at the opposition stage, a document which subsequently proves not only to be the closest state of the art, but also to be essential for understanding the invention in the meaning of Rule 27(1)(b) is to be introduced in the amended description (see point 4. of the reasons).
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 123(2) 1973European Patent Convention R 27(1)(b) 1973European Patent Convention R 27(1)(c) 1973European Patent Convention R 89 1973
- Keywords
- Adaptation of the description after remittal - acknowledgement of the closest prior art document
Rule 27(1), (b) (yes) - Article 123(2) (yes) - Catchword
- -
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 as amended in the following version:
claims 1 to 9 and pages 3 to 8 of the description as indicated in Form 2339.4 contained in the decision under appeal;
page 2 of the description as submitted on 23 December 1997.