European Patent Office

T 0034/14 of 10.03.2016

European Case Law Identifier
ECLI:EP:BA:2016:T003414.20160310
Date of decision
10 March 2016
Case number
T 0034/14
Petition for review of
-
Application number
07704233.1
IPC class
A23L 1/29
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
NUTRITIONAL COMPOSITION FOR LOW BIRTH WEIGHT INFANTS
Applicant name
Nestec S.A.
Opponent name
Friesland Brands B.V.
N.V. Nutricia
Board
3.3.09
Headnote
-
Keywords
Inventive step - (no)
Claims - clarity after amendment (no)
Apportionment of costs - decision of opposition decision confirmed
Catchword
-
Citing cases
T 0453/24

Order

For these reasons it is decided that:

1. The decision under appeal is set aside as far as the opposition division had found that taking into account the amendments made by the patent proprietor during the opposition proceedings the patent and the invention to which it relates met the requirements of the Convention.

2. As regards the decision on apportionment of costs, the appeal of appellant 2 is dismissed.

3. The patent is revoked.