T 0130/19 of 11.01.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T013019.20230111
- Date of decision
- 11 January 2023
- Case number
- T 0130/19
- Online on
- 5 April 2023
- Petition for review of
- -
- Application number
- 12805420.2
- IPC class
- C09D 5/16C09D 183/12
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 R 139
- Application title
- FOULING CONTROL COATING COMPOSITIONS
- Applicant name
- Hempel A/S
- Opponent name
- Jotun A/S
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention R 139Rules of procedure of the Boards of Appeal Art 13(2)European Patent Convention Art 100(b)European Patent Convention Art 111(1)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Correction of error - form for payment of appeal fee (yes)
Amendment after summons - exceptional circumstances (yes)
Sufficiency of disclosure - (yes)
Remittal to the department of first instance
Remittal - (yes) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The request for correction of Form 1038 of 14 January 2019 is allowed.
2. The fee for re-establishment of rights is to be reimbursed.
3. The request for exclusion of file inspection of the letter of 5 April 2019 with its annexes is allowed.
4. The decision under appeal is set aside.
5. The case is remitted to the department of first instance for further prosecution.