European Patent Office

T 0664/00 (Dough Products/PILLSBURY) of 28.11.2002

European Case Law Identifier
ECLI:EP:BA:2002:T066400.20021128
Date of decision
28 November 2002
Case number
T 0664/00
Petition for review of
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Application number
92915753.5
IPC class
A21D 6/00
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Yeast-leavened refrigerated dough products
Applicant name
THE PILLSBURY COMPANY
Opponent name
Société des Produits Nestlé S.A.
Board
3.3.02
Headnote
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Keywords
Inability of a US expert to be present at the oral proceedings: no reason for adjournment
Re-establishment of the appellant's right to file its grounds of appeal (yes): loss of rights was an isolated mistake
Admissibility of late filed evidence (no): absence of evidence from a respondent no reason for an appellant, having the burden of attacking an appeal decision, for late filing of evidence
Main request, novelty (no): disclosure of starting cells and their conversion into yeast strains is prejudicial to the novelty of the latter
First auxiliary request: disclaimer solely based on Article 54(3) EPC prior art acceptable under Article 123(2) EPC - no referral to the Enlarged Board of Appeal
Novelty (yes): distinguishing functional feature
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Catchword
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ORDER

For these reasons it is decided:

1. The appellant is re-established in its rights.

2. The decision under appeal is set aside.

3. The case is remitted to the first instance for further prosecution.