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EPO boards of appeal decision

Date of decision 14 September 2006
Case number T 1232/03 - 3.3.01
Application number 98911812.0
IPC C10M163/00
Proceedings Language EN
Title of the application Method of improving anti-shudder durability of power transmission fluids
Applicant name Ethyl Corporation
Opponent name Infineum USA L.P.
Headnote
-
Articles and Rules EPC . Art 54(1)
. Art 54(2)
. Art 56
. Art 111(1)
. Art 113(1)
. Art 114(1)
. Art 114(2)
. Art 123(2)
. Art 123(3)
Keywords
Lack of novelty objection due to prior use submitted with the statement of grounds of appeal: late filed (yes) — not admitted into the appeal proceedings as not prima facie relevant.
Technical report submitted after the statement of grounds of appeal by the Appellant: late filed (yes) - not admitted into the appeal proceedings as not prima facie relevant.
Technical reports submitted by the Appellant one month before the oral proceedings: late filed (yes) - not admitted into the proceedings - no opportunity for the Respondent to take position.
Main request, first and second auxiliary requests: inventive step (no) - no improvement within the whole claimed area — obvious alternative.
Third auxiliary request: inventive step (no) - alleged effect not credibly achieved for all claimed alternatives — extent of the claimed monopoly not justified by the technical contribution to the art.
Fourth auxiliary request: inventive step (yes) - non obvious alternative.
Cited Decisions T 0782/92
T 0939/92
T 0024/81
Catchwords:
-

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