T 0817/05 of 17.10.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T081705.20071017
- Date of decision
- 17 October 2007
- Case number
- T 0817/05
- Petition for review of
- -
- Application number
- 99939612.0
- IPC class
- A23L 1/30
- 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
- Antioxidant composition comprising Acetyl L-Carnitine and alpha-Lipoic Acid
- Applicant name
- Sigma-Tau Healthscience S.p.A.
- Opponent name
- THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(3) 1973European Patent Convention Art 83 1973
- Keywords
- Main request, auxiliary requests 1-3: Novelty established by disclaimer (no)
Auxiliary request 4: Deletion of disclaimer: Reformatio in peius (no), Novelty (yes) - Catchword
- An amendment to a claim as allowed by the Opposition Division, by which a disclaimer was deleted together with the omission of an embodiment from which the disclaimer intended to exclude a novelty-anticipating disclosure in a document according to Article 54(3) EPC, does not put the Opponent and sole Appellant in a worse situation than if it had not appealed. The principle of the prohibition of "reformatio in peius" is not violated in accordance with G 1/99.
- Cited cases
- G 0001/99
- 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 first instance with the order to maintain the patent on the basis of the set of Claims 1 to 12 of the 4th auxiliary request as filed during the oral proceedings after any necessary consequential amendments of the description.