T 2451/13 of 14.01.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T245113.20160114
- Date of decision
- 14 January 2016
- Case number
- T 2451/13
- Petition for review of
- -
- Application number
- 07715867.3
- IPC class
- A23L 1/212A23L 1/30A23L 1/29
- 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
- SENSORIC IMPRINTING
- Applicant name
- N.V. Nutricia
- Opponent name
- NESTEC S.A.
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 53(c)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Review of first-instance decision to admit late-filed ground
Ground for opposition under Article 100(a)/53(c) EPC
Admissibility of new objection under Article 123(2) EPC
Admissibility of late-filed auxiliary request
Admissibility of document filed in response to the statement of grounds of appeal
Public availability of commercial brochure from opponent - standard of proof
Kit of parts - inventive step - Catchword
- If the publication date of a document originating from an opponent (or a subsidiary thereof) is in dispute, the opponent must prove that date "up to the hilt". The yardstick for this proof is that of "beyond reasonable doubt" rather than "absolute certainty" (point 3.2).
Order
For these reasons it is decided that:
The appeal is dismissed.