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
- -
- Application number
- 92915753.5
- IPC class
- A21D 6/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- 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
- -
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 122(2) 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 R 57a 1973European Patent Convention R 78 1973
- 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
- 1 - - Catchword
- -
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.