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Date of decision
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14 September 2006
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Case number
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T 1232/03
- 3.3.01
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Application number
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98911812.0
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Title of the application
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Method of improving anti-shudder durability of power transmission
fluids
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Applicant name
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Ethyl Corporation
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Opponent name
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Infineum USA L.P.
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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.
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