T 0105/09 of 30.11.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T010509.20101130
- Date of decision
- 30 November 2010
- Case number
- T 0105/09
- Petition for review of
- -
- Application number
- 04250381.3
- IPC class
- B65B 81/00
- 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
- System and method for the preparation of beverages
- Applicant name
- Kraft Foods R&D, Inc.
- Opponent name
- Mars, Incorporated
NESTEC S.A. - Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106(1)European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 54
- Keywords
- Admissibility of the 1st auxiliary request (yes)
Remittal of the 1st auxiliary request (no)
Novelty: claim 1 of the 1st auxiliary request (no)
Allowability of the amendments: 5th auxiliary request (yes)
Remittal of the 5th auxiliary request (yes) - 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 on the basis of the new 5th auxiliary request.