T 0633/08 of 15.02.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T063308.20110215
- Date of decision
- 15 February 2011
- Case number
- T 0633/08
- Online on
- 24 March 2011
- Petition for review of
- -
- Application number
- 00941153.9
- IPC class
- A23K 1/16
- 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 manufacturing a product for enhancing immune response in companion animals using a combination of antioxidants
- Applicant name
- THE IAMS COMPANY
- Opponent name
- NESTEC S.A.
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 83European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Amendments - added subject-matter (yes, main request)
Disclosure - sufficiency (yes, auxiliary request 1)
Novelty (yes, auxiliary request 1)
Inventive step (yes, auxiliary request 1) - 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 opposition division with the order to maintain the patent on the basis of:
(a) Claims 1 to 6 filed as auxiliary request 6 with letter dated 10 December 2010 (now auxiliary request 1);
(b) The amended description pages numbered 2 to 9 as filed during the oral proceedings before the board; and
(c) Figures 1 and 2 as granted.