T 1979/11 of 28.06.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T197911.20130628
- Date of decision
- 28 June 2013
- Case number
- T 1979/11
- Petition for review of
- -
- Application number
- 01967300.3
- 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
- Process for the preparation of granules of methionine
- Applicant name
- Adisseo France S.A.S.
- Opponent name
- Evonik Degussa GmbH
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84
- Keywords
- Exception from the prohibition of reformatio in peius - yes (main and auxiliary request)
Amendments - Clarity and sufficiency of disclosure - yes
Inventive step - no (main and auxiliary request) - Catchword
- The fact that the broadening of a claim in appeal proceedings where the opponent is the sole appellant results from a reaction of the respondent to an objection raised by the appellant for the first time in the appeal proceedings may justify a deviation from the principle of the prohibition of reformatio in peius (point 2.1; T 1843/09 followed).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.