T 0713/14 (SUCCINIC ACID PRODUCING RUMEN BACTERIA MUTANTS/KOREA ADVANCED INSTITUTE OF SCIENCE AND TECHNOLOGY) of 02.12.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T071314.20201202
- Date of decision
- 2 December 2020
- Case number
- T 0713/14
- Petition for review of
- -
- Application number
- 04734158.1
- 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
- NOVEL RUMEN BACTERIA VARIANTS AND PROCESS FOR PREPARING SUCCINIC ACID EMPLOYING THE SAME
- Applicant name
- Korea Advanced Institute of Science and Technology
- Opponent name
- BASF SE
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) (2007)European Patent Convention Art 56 (2007)European Patent Convention Art 84 (2007)European Patent Convention R 111(2) (2007)European Patent Convention R 80 (2007)Rules of procedure of the Boards of Appeal Art 13 (2007)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Main request - clarity (no)
Auxiliary request I - admitted - clarity (no)
Auxiliary request II - admitted - inventive step (yes)
Substantial procedural violation - appealed decision sufficiently reasoned (no)
Reimbursement of the appeal fee (yes) - Catchword
- -
- Cited cases
- T 1340/10
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 claims 1 to 8 of auxiliary request 2 as filed with submission of 29 October 2020, and a description to be adapted.
3. The appeal fee is reimbursed.