T 1565/12 of 10.07.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T156512.20140710
- Date of decision
- 10 July 2014
- Case number
- T 1565/12
- Online on
- 11 August 2014
- Petition for review of
- -
- Application number
- 01952255.6
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- IMPROVED METHODS OF INCORPORATING POLYUNSATURATED FATTY ACIDS IN MILK
- Applicant name
- DSM IP Assets B.V.
- Opponent name
- UNILEVER N.V./UNILEVER PLC
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 84European Patent Convention Art 83European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Main request: added subject-matter (yes)
Auxiliary request 1: added subject-matter (no)
Claims - clarity (yes)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Remittal - (no)
Inventive step - (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
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 with the order to maintain the patent on the basis of:
- Claims 1 to 28 according to auxiliary request 1 as filed with the letter dated 15 May 2014;
- The amended description pages numbered 2 to 7 as filed during the oral proceedings on 10 July 2014; and
- Figure 1 as granted.