T 0399/99 of 09.03.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T039999.20040309
- Date of decision
- 9 March 2004
- Case number
- T 0399/99
- Petition for review of
- -
- Application number
- 92119803.2
- IPC class
- B01J 35/02
- 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 granules, in particular for the oxidative dehydrogenation of methanol in order to yield formaldehyde
- Applicant name
- SÜD CHEMIE MT S.r.l.
- Opponent name
- Perstorp AB
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Amendments - reinstating broader claims in appeal proceedings - (main request and first auxiliary request)
Amendments - creation of an originally not disclosed range - allowable (no) - (main request and first auxiliary request)
Amendments - isolation of exemplified values - allowable (no) - (second and third auxiliary requests)
Amendments - allowable (yes) (fourth auxiliary request)
Inventive step - (yes) (fourth auxiliary request) - Catchword
- -
- Citing cases
- T 0386/04
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent on the basis of the modified fourth auxiliary request submitted during the oral proceedings and a description yet to be adapted.