T 1333/07 of 29.10.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T133307.20091029
- Date of decision
- 29 October 2009
- Case number
- T 1333/07
- Petition for review of
- -
- Application number
- 00941980.5
- IPC class
- A23G 9/16
- 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
- Process and apparatus for production of a frozen food product
- Applicant name
- Unilever PLC, et al
- Opponent name
- NESTEC S.A.
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112a(2)(c)European Patent Convention Art 113European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention R 106Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Main request (novelty - yes; inventive step - no)
Request for remittal - rejected
Auxiliary request 3 (inventive step - yes)
Objection pursuant Rule 106 EPC - dismissed - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0188/09
ORDER
For these reasons it is decided that:
1. The request for remittal of the case to the Opposition Division for continuation of the opposition proceedings is rejected.
2. The objection filed in writing during the oral proceedings is dismissed.
3. The decision under appeal is set aside.
4. The case is remitted to the Opposition Division with the order to maintain the European patent on the basis of Claims 1 to 6 of auxiliary request 3 filed with the letter of 9 September 2009, the drawing as granted, after any necessary consequential amendments of the description.