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)
- Download
- Decision in English
- 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
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 84
- 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.