T 1218/14 of 08.02.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T121814.20190208
- Date of decision
- 8 February 2019
- Case number
- T 1218/14
- Petition for review of
- -
- Application number
- 05810988.5
- 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
- PROLAMIN-REDUCED BEVERAGES AND METHODS FOR THE PREPARATION THEREOF
- Applicant name
- Döhler GmbH
- Opponent name
- DuPont Nutrition Biosciences ApS
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Novelty - accidental disclosure
- Catchword
- The requirement in G 1/03 that an accidental novelty-destroying disclosure has to be completely irrelevant for assessing inventive step is to be understood not as an alternative, or additional criterion, but as a consequence of the criterion that, from a technical point of view, said disclosure is so unrelated and remote that the person skilled in the art would never have taken it into consideration when making or working on the invention (points 2 and 7).
- 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 opposition division with the order to maintain the patent on the basis of the following claims and a description to be adapted thereto:
Claims 1 to 11 of auxiliary request IV filed with the statement of grounds of appeal.