European Patent Office

T 0382/14 of 13.04.2018

European Case Law Identifier
ECLI:EP:BA:2018:T038214.20180413
Date of decision
13 April 2018
Case number
T 0382/14
Online on
18 May 2018
Petition for review of
-
Application number
09164406.2
IPC class
A22C 21/00
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
Method and apparatus for processing poultry or a part thereof
Applicant name
Meyn Food Processing Technology B.V.
Opponent name
Nordischer Maschinenbau
Rud. Baader GmbH + Co. KG
Board
3.2.04
Headnote
-
Relevant legal provisions
European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(3)
Keywords
Inventive step - obvious modification
Late-filed auxiliary requests - request clearly allowable (yes)
Catchword
-
Cited cases
-
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 department of first instance with the order to maintain the patent in the following version:

Claims:

Claims 1 - 4 of the Auxiliary Request filed during the oral proceedings on 13 April 2018,

Description:

adapted description pages 2 and 3 as filed during the oral proceedings before the board on 13 April 2018,

and page 4 as of the published specification,

Drawings:

Figures 1 - 12 as contained in the published specification.