T 0534/08 of 26.09.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T053408.20110926
- Date of decision
- 26 September 2011
- Case number
- T 0534/08
- Petition for review of
- -
- Application number
- 99905995.9
- IPC class
- C07J 9/00
- 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
- Method for the preparation of phytosterols from tall oil pitch
- Applicant name
- Forbes Medi-Tech Inc.
- Opponent name
- Raisio Nutrition Ltd.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(2)European Patent Convention R 103(1)
- Keywords
- Transfer of opponent status (yes): evidence for transfer of business area sufficient
Decision reasoned (no): summary of Party's submission does not constitute reasoning proper to the Opposition Division
Substantial procedural violation (yes)
Reimbursement of appeal fee (yes)
Remittal for further prosecution - Catchword
- -
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.
3. The request for reimbursement of the appeal fee is allowed.