T 2920/18 of 30.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T292018.20220330
- Date of decision
- 30 March 2022
- Case number
- T 2920/18
- Petition for review of
- -
- Application number
- 13731746.7
- IPC class
- C08J 5/18C08L 23/06C08F 10/02
- 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
- FILM COMPOSITION
- Applicant name
- Ineos Europe AG
- Opponent name
- Borealis AG
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Grounds for opposition - insufficiency of disclosure (yes: main request; no: auxiliary request)
Novelty - auxiliary request (yes)
Inventive step - auxiliary request (yes)
Amendment after summons - taken into account (yes and no)
Amendment after summons - deletion of claims
Amendment after summons - exceptional circumstances (yes) - Catchword
- Amendment of a set of claims by deletion of claims. Admittance of said amended set of claims pursuant to Article 13(2) RPBA 2020: see points 3.1 to 3.16 of the Reasons for the Decision.
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 in amended form on the basis of the claims of the first auxiliary request filed with letter of 18 January 2022 and after any necessary consequential amendments of the description.