T 1751/13 of 04.08.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T175113.20170804
- Date of decision
- 4 August 2017
- Case number
- T 1751/13
- Petition for review of
- -
- Application number
- 05106563.9
- 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
- Enzyme-assisted soluble coffee production
- Applicant name
- Intercontinental Great Brands LLC
- Opponent name
- NESTEC S.A.
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Auxiliary request 1: Amendments (allowable), clarity (yes), novelty (yes), inventive step (yes)
- 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 the following documents:
- claims 1 to 31, filed as first auxiliary request on 7 May 2014;
- description pages:
- pages 2 and 4 to 16 as filed during the oral proceedings before the opposition division on 25 April 2013
- page 3 as filed during the oral proceedings before the board on 4 August 2017.