T 0465/97 of 14.03.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T046597.20010314
- Date of decision
- 14 March 2001
- Case number
- T 0465/97
- Petition for review of
- -
- Application number
- 90116480.6
- IPC class
- B01J 27/19
- 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
- Catalyst for the production of methacrylic acid
- Applicant name
- NIPPON SHOKUBAI KAGAKU KOGYO CO. LTD.
- Opponent name
- BASF Aktiengesellschaft
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention R 67 1973
- Keywords
- Inventive step - problem and solution - specific relationship of claimed subject-matter to closest prior art - unsuspected problem
Insufficiency (no) - onus of proof not discharged
Reimbursement of the appeal fee (no) - Catchword
- -
- Citing cases
- T 0668/02
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: claims 1 to 4 submitted with letter dated 14 February 2001,
Description: page 4 submitted with letter dated 14. February 2001; page 6 submitted during oral proceedings; and pages 2, 3, 5, 7 to 28 as granted.
3. The request for reimbursement of the appeal fee is rejected.