T 2119/09 (Spray-dried powders/BASF CORPORATION) of 11.06.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T211909.20120611
- Date of decision
- 11 June 2012
- Case number
- T 2119/09
- Online on
- 21 December 2012
- Petition for review of
- -
- Application number
- 99913182.4
- IPC class
- A61K 47/00
- 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
- Spray-dried powders with high edible-oil loadings based on non-hydrolyzed gelatin and a method of making such spray-dried tablettable powders
- Applicant name
- BASF CORPORATION
- Opponent name
- DSM NUTRITIONAL PRODUCTS AG
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Main request - allowability of amendments (no): new combination of features
Auxiliary request 1 - inventive step (no): beneficial effects not related to the subject-matter as claimed
Auxiliary request 2 - admission (no): late-filed
Admission of objection concerning validity of priority (no): late-filed - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.