T 0013/00 (Gel system/MARS) of 27.06.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T001300.20030627
- Date of decision
- 27 June 2003
- Case number
- T 0013/00
- Petition for review of
- -
- Application number
- 85309010.8
- IPC class
- A23L 1/05
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Gel system
- Applicant name
- MARS UK LIMITED
- Opponent name
- Monsanto company
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100 1973European Patent Convention Art 102(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 88 1973European Patent Convention R 71(2) 1973
- Keywords
- Main request: right to priority (no)
Novelty (no)
Auxiliary request: right to priority (partial)
Novelty (yes) - the features of a prior patent specification as a whole do not disclose a specific, novelty-destroying example
Inventive step (no) - alleged advantages to which the appealing patentee refers, without offering sufficient evidence to support the comparison with the closest state of the art, cannot be taken into consideration in determining the problem underlying the invention and hence in assessing inventive step - proposed solution to the acutal problem of providing further gellable compositions, in addition to those disclosed in the closest prior art, not inventive. - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided:
The appeal is dismissed.