T 0712/97 (Phosphonomethylation/FINCHIMICA) of 27.01.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T071297.20000127
- Date of decision
- 27 January 2000
- Case number
- T 0712/97
- Petition for review of
- -
- Application number
- 90111169.0
- IPC class
- C07F 9/38
- 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
- A method for the preparation of N-phosphonomethyl glycine
- Applicant name
- FINCHIMICA S.p.A
- Opponent name
- Monsanto Company
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104 1973European Patent Convention Art 113 1973European Patent Convention Art 123 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 67 1973European Patent Convention R 71a 1973
- Keywords
- Clarity and support within the meaning of Article 84 EPC (yes, after amendment)
Support by the application as filed (yes, after amendment)
Extension of the scope of the claims as granted (no)
Procedural violation (yes) - refusal to admit a test-report into the proceedings
Substantial procedural violation (no) - outcome of decision not affected
Reimbursement of the appeal fee (no)
Apportionment of costs (no)
Inventive step (yes) - non-obvious alternative - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The requests of the Appellant for an apportionment of costs and reimbursement of the appeal fee are refused.
3. The matter is remitted to the first instance with the order to maintain the patent on the basis of the Respondent's (Patentee's) request made at the oral proceedings on 27 January 2000.