T 2215/08 (Potassium sorbate granulate/DAICEL) of 22.03.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T221508.20120322
- Date of decision
- 22 March 2012
- Case number
- T 2215/08
- Petition for review of
- -
- Application number
- 00110530.3
- IPC class
- C07C 57/10C07C 51/43
- 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
- Potassium sorbate granulate and production processes thereof
- Applicant name
- DAICEL CHEMICAL INDUSTRIES, LTD.
- Opponent name
- Nutrinova Nutrition Specialties & Food Ingredients
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Main request: novelty (no) - prior use, namely sale of product having required Na content and overall pore volume sufficiently substantiated (yes); process step of "adjusting" certain parameters implicitly disclosed by sale of product having said parameters; purpose of the claimed process not a functional technical feature
Auxiliary request 4: novelty (no) - use of a process for a particular purpose is nothing but that very same process
Auxiliary requests 1 to 3 and 5 to 7: novelty (yes) - neutralisation step not disclosed by sale of product
Auxiliary requests 1 to 3 and 5 to 7: inventive step (no) - obvious to neutralise with potassium hydroxide having low Na content in order to produce potassium sorbate having low Na content - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.