T 2044/09 (Fermentor/LARSEN) of 11.02.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T204409.20140211
- Date of decision
- 11 February 2014
- Case number
- T 2044/09
- Petition for review of
- -
- Application number
- 00929313.5
- IPC class
- C12M 1/36
- 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
- U-SHAPE AND/OR NOZZLE-U-LOOP FERMENTOR AND METHOD OF CARRYING OUT A FERMENTATION PROCESS
- Applicant name
- Larsen, Ebbe Busch
- Opponent name
- NORFERM AS
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 15(3)
- Keywords
- Oral proceedings - held in absence of appellant
Inventive step - non-functional modification
Late-filed auxiliary requests - admitted (no) - Catchword
- Even if there is no pointer or suggestion in the prior art towards the addition of a distinguishing feature, if said modification is not linked to a particular functionality, then it cannot per se constitute the basis for acknowledging an inventive step.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.