T 0824/06 of 09.12.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T082406.20081209
- Date of decision
- 9 December 2008
- Case number
- T 0824/06
- Petition for review of
- -
- Application number
- 95200081.8
- IPC class
- A23B 4/06
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method and device for preserving the meat of a slaughtered bird
- Applicant name
- STORK PMT B.V.
- Opponent name
- AIR PRODUCTS AND CHEMICALS, INC.
Meyn Food Processing Technology B.V. - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111 1973European Patent Convention Art 123European Patent Convention Art 83 1973European Patent Convention R 111
- Keywords
- Substantial procedural violation - no
Main request: added subject-matter - yes
First auxiliary request: sufficiency - yes
Remittal for further prosecution - Catchword
- -
- Cited cases
- T 0301/87
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 8 of the first auxiliary request filed with the Statement of Grounds of Appeal and of the specification as granted with the amendment (page 2) filed during the oral proceedings.