European Patent Office

T 0995/15 (Continuous belt reactor / BASF SE) of 16.04.2018

European Case Law Identifier
ECLI:EP:BA:2018:T099515.20180416
Date of decision
16 April 2018
Case number
T 0995/15
Online on
6 June 2018
Petition for review of
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Application number
08706982.9
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Production of super absorbent polymers on a continuous belt reactor
Applicant name
BASF SE
Opponent name
NIPPON SHOKUBAI KABUSHIKI KAISHA
Board
3.3.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 52(1)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12Rules of procedure of the Boards of Appeal Art 13(1)
Keywords
Admissibility of an English translation of a Japanese document filed in opposition proceedings (yes)
Admissibility of documents filed with the statement of grounds (yes) : reply to the reasoning of the decision under appeal
Admissibility of documents filed with the statement of grounds (no) : prima facie not relevant for novelty or inventive step
Sufficiency of disclosure (yes)
Novelty (yes)
Inventive step - Main Request : no
Inventive step - Auxiliary Request 2 : yes
Catchword
-
Cited cases
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Citing cases
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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 with the claims according to the second auxiliary request as filed with the letter dated 16 February 2018 and a description and figures to be adapted where appropriate.