T 0427/99 (Blocked isocyanates/BAXENDEN) of 15.11.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T042799.20011115
- Date of decision
- 15 November 2001
- Case number
- T 0427/99
- Petition for review of
- -
- Application number
- 85301298.7
- IPC class
- C07D 231/12
- 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
- Blocked isocyanates
- Applicant name
- BAXENDEN CHEMICALS LIMITED
- Opponent name
- RHONE-POULENC CHIMIE
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 108 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973
- Keywords
- Admissibility of appeal before time limit of Article 108 (yes)
Main request: amendments (not allowable) - numerical temperature range disclosed originally with respect to temperature of different nature as now claimed
First auxiliary request (not admitted) - late filed - clearly not allowable
Second auxiliary request (admitted): late filed - limitation of invention to particular granted claims - no fresh issue; amendments (allowable) - shrinking of list; lack of clarity (not admitted) - objected wording already in claims as granted; sufficiency of disclosure (yes) - objected part of claimed invention deleted - lack of evidence; - 2 - inventive step (yes) - closest prior art as acknowledged in patent specification - improper comparison - reformulation of problem - solution unobvious - 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 on the basis of the claims 1 to 9 filed as second auxiliary request during the oral proceedings and a description yet to be adapted.