T 1875/06 (Barley/SAPPORO BREWERIES) of 08.01.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T187506.20080108
- Date of decision
- 8 January 2008
- Case number
- T 1875/06
- Petition for review of
- -
- Application number
- 00953438.9
- IPC class
- A01H 5/00
- 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
- Construction of barley with decreased gel protein content
- Applicant name
- SAPPORO BREWERIES LTD.
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973
- Keywords
- Strict standard of proof in respect of an internet disclosure
Inventive step of claims 1 to 8 of the main request in the light of documents (1) and (2) - (yes)
Remittal to the first instance - (yes) - Catchword
- see points (6) to (15)
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for further prosecution on the basis of claims 1 to 12 of the main request filed with the grounds of appeal dated 4 December 2006.