T 0044/04 of 24.05.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T004404.20070524
- Date of decision
- 24 May 2007
- Case number
- T 0044/04
- Petition for review of
- -
- Application number
- 00302580.6
- IPC class
- A23P 1/14
- 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
- Puffed food starch product and method for making the same
- Applicant name
- THE QUAKER OATS COMPANY
- Opponent name
- Mars, Incorporated
Pirouwafer N.V.
United Biscuits (UK) Limited - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973Rules of procedure of the Boards of Appeal Art 10aRules of procedure of the Boards of Appeal Art 10b
- Keywords
- Main request (not allowable - lack of novelty)
Auxiliary requests (admissible)
Auxiliary request I (not allowable - added subject-matter)
Auxiliary requests II-III (not allowable - lack of novelty)
Auxiliary request IV (novelty acknowledged)
Remittal for examination of inventive step - Catchword
- -
- Cited cases
- T 0840/93
- 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 for further prosecution on the basis of Claims 1 to 11 of the auxiliary request IV as filed during the oral proceedings.