T 1630/08 (Sitostanol esters/RAISIO) of 17.06.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T163008.20090617
- Date of decision
- 17 June 2009
- Case number
- T 1630/08
- Petition for review of
- -
- Application number
- 91908435.0
- 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
- A substance for lowering high cholesterol level in serum and a method for preparing the same
- Applicant name
- Raisio Benecol Ltd.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Admission of claims amended after the remittal to the first instance (yes)
Binding effect of an appeal decision limited to the ratio decidendi
Inventive step (yes) - non obvious solution - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. Claims 1 to 5 of the Main Request filed with the letter dated 10 June 2009 are admitted into the proceedings.
3. The case is remitted to the department of first instance with the order to maintain the patent as amended in the following version:
Description:
Pages 2 and 4 to 8 of the patent specification;
amended pages 3 and 9 of the patent specification received during the oral proceedings on 17 June 2009.
Claims:
Claims 1 to 5 of the Main Request filed with the letter dated 10 June 2009.