T 0981/20 (Flocculation/BASF) of 07.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T098120.20230307
- Date of decision
- 7 March 2023
- Case number
- T 0981/20
- Online on
- 30 March 2023
- Petition for review of
- -
- Application number
- 13705801.2
- IPC class
- D21H 21/10D21H 23/14D21H 17/37D21H 17/45D21H 23/16D21H 17/55D21H 23/18D21H 17/00D21H 17/44D21H 17/56
- 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
- -
- Application title
- PROCESS FOR THE MANUFACTURE OF PAPER AND PAPERBOARD
- Applicant name
- BASF SE
- Opponent name
- Kemira OYJ
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)
- Keywords
- Inventive step - main request (no)
Inventive step - auxiliary request (yes)
Reply to statement of grounds of appeal - Substantiation of auxiliary request
Reply to statement of grounds of appeal - Admitted (Yes)
Amendments - allowable (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
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 auxiliary request 13 filed on 15 February 2019 and re-filed with the reply to the grounds of appeal, and a description to be adapted where appropriate.