European Patent Office

T 1139/13 of 23.05.2017

European Case Law Identifier
ECLI:EP:BA:2017:T113913.20170523
Date of decision
23 May 2017
Case number
T 1139/13
Petition for review of
-
Application number
04756796.1
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
COMPOSITIONS FOR IMPROVED OXIDATIVE STATUS IN CATS
Applicant name
Hill's Pet Nutrition, Inc.
Opponent name
THE IAMS COMPANY
Board
3.3.09
Headnote
-
Relevant legal provisions
European Patent Convention Art 56
Keywords
Novelty attack
Novelty - not admitted
Swiss type claim - interpretation of amounts
Inventive step
Catchword
-
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 4, filed as new main request during the oral proceedings before the board on 23 May 2017, and after any necessary consequential adaptation of the description.