T 0382/97 (Dispenser/ECOLAB) of 28.9.2000

European Case Law Identifier: ECLI:EP:BA:2000:T038297.20000928
Date of decision: 28 September 2000
Case number: T 0382/97
Application number: 88113746.7
IPC class: C11D 17/04
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 47 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Dispenser for an article comprising a water soluble bag containing a pelletized functional material, and methods for its use
Applicant name: ECOLAB INC.
Opponent name: UNILEVER N.V. / UNILEVER PLC
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 99(1)
European Patent Convention 1973 Art 108
European Patent Convention 1973 Art 114(2)
European Patent Convention 1973 R 57a
European Patent Convention 1973 R 71a
European Patent Convention 1973 R 55(c)
European Patent Convention 1973 R 64(b)
Keywords: Main request: novelty - no
First auxiliary request: inventive step - yes
Procedural violation - no
Catchwords:

I. Whereas Rule 57a EPC establishes explicitly the patent owner's right to amend its patent according to the criteria laid down in this rule, it does not entitle a patent proprietor to submit amendments of its patent at any time, i.e. also during oral proceedings, without the need to give good reasons for such late filing. Rules 57a and 71a EPC together govern the procedural preconditions for the admissibility of amendments of a patent by its proprietor before the Opposition Division. However amendments not complying with the time limit set under Rule 71a EPC may be admitted if good reasons can be acknowledged for their late submission (point 6.6 of the Reasons for the Decision).

II. A patent owner's right to amend its patent in accordance with Rule 57a EPC cannot be equated automatically with a right to file additional auxiliary requests. Any amendment has to be carried out in the most expedient manner which has to be established by the Opposition Division taking into due account the interest of all parties concerned (point 6.7 of the Reasons for the Decision).

Cited decisions:
G 0009/91
G 0010/91
T 0463/95
T 0755/96
T 0633/97
Citing decisions:
T 0050/98
T 0784/00
T 0796/02
T 0918/02
T 1067/08
T 1253/09

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