European Patent Office

T 2129/16 (Sterol separation from tall oil pitch/RAISIO NUTRITION) of 29.01.2020

European Case Law Identifier
ECLI:EP:BA:2020:T212916.20200129
Date of decision
29 January 2020
Case number
T 2129/16
Petition for review of
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Application number
09716095.6
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Process for separating sterols and acids from tall oil pitch
Applicant name
Raisio Nutrition Ltd.
Opponent name
BASF SE
Board
3.3.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 108 (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 56 (2007)European Patent Convention R 99 (2007)Rules of procedure of the Boards of Appeal Art 13 (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 25 (2020)
Keywords
Admissibility of the appeal: yes
Admissibility of auxiliary request 5b: yes
Added subject-matter (auxiliary request 5b) : no
Inventive step (auxiliary request 5b): yes
Catchword
-
Citing cases
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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 in amended form based on claims 1 to 13 of auxiliary request 5b filed with letter of 29 November 2019 and a description to be adapted thereto.