T 0657/11 of 08.11.2013

European Case Law Identifier: ECLI:EP:BA:2013:T065711.20131108
Date of decision: 8 November 2013
Case number: T 0657/11
Online on: 27 February 2014
Petition for review of: -
Application number: 05747848.9
IPC class: A23J 3/34 A23J 3/30 A23J 1/04 A23J 3/32 A23L 1/325
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: Hydrolysed marine protein product, process for the production thereof, and application
Applicant name: Norcape Biotechnology AS
Opponent name: BASF Personal Care and Nutrition GmbH
Board: 3.3.09
Headnote: -
Relevant legal provisions: European Patent Convention Art 111 European Patent Convention Art 83 European Patent Convention R 139 European Patent Convention R 140 European Patent Convention R 80
Keywords: Correction of error - yes
Sufficiency - yes
Remittal for further prosecution
Catchword: In opposition proceedings mistakes or errors concerning the claims, the description or the drawings of the patent as granted may be removed either by an amendment occasioned by a ground of opposition under Article 100 EPC or, as far as the mistakes or errors concern texts or drawings which remain unamended, by way of a correction pursuant to Rule 139 EPC (see point 3 of the Reasons).
Cited cases: G 0011/91 G 0001/10
Citing cases: T 0556/13 T 1578/13 T 0164/14 T 0021/16 T 1966/17 T 1111/19 T 2955/19 T 0628/20 T 2185/21

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the opposition division for further consideration on the basis of claims 1 to 6 of the main request filed on 8 November 2013 during the oral proceedings.