T 1758/07 of 07.06.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T175807.20100607
- Date of decision
- 7 June 2010
- Case number
- T 1758/07
- Petition for review of
- -
- Application number
- 97948938.2
- IPC class
- A23K 1/00
- 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
- A method for producing a food additive, food additive, and the use of it
- Applicant name
- Hankkija-Maatalous Oy
- Opponent name
- BIOTEC PHARMACON ASA
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention Art 54(5) 1973European Patent Convention Art 56
- Keywords
- First medical use: Novelty, Inventive step (yes)
First and second medical use claims in one set of claims (no) - Catchword
- If the claimed subject-matter indeed relates to the first medical indication, G 1/83 provides no legal basis to additionally claim the same subject-matter in terms of a second medical indication (points 3.3 and 3.4)
- 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 department of first instance with the order to maintain the patent on the basis of Claims 1 to 5 of the third auxiliary request filed during the oral proceedings together with any necessary consequential amendments to the description and figure.