T 0840/02 of 06.09.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T084002.20050906
- Date of decision
- 6 September 2005
- Case number
- T 0840/02
- Petition for review of
- -
- Application number
- 92921216.5
- IPC class
- A23G 3/30
- 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
- Chewing gum and other comestibles containing indigestible dextrin
- Applicant name
- WM. Wrigley Jr. Company
- Opponent name
- Racheli & C
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention R 55(c) 1973
- Keywords
- Admissibility of opposition (yes)
Main request and first auxiliary request - inventive step (no) - obvious combination of known feature
Second auxiliary request - inventive step (yes) - exclusion of hindsight - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The appeal against claims 32 and 39 is admissible.
2. The decision under appeal is set aside and the case remitted to the Opposition Division with the order to maintain the patent on the basis of claims 1 to 24 of the second auxiliary request filed during the oral proceedings after any necessary consequential amendments of the description and drawings.