European Patent Office

T 0418/17 (Therapeutic Oral Composition / COLGATE-PALMOLIVE) of 04.06.2020

European Case Law Identifier
ECLI:EP:BA:2020:T041817.20200604
Date of decision
4 June 2020
Case number
T 0418/17
Petition for review of
-
Application number
10727321.1
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
THERAPEUTIC ORAL COMPOSITION
Applicant name
Colgate-Palmolive Company
Opponent name
THE PROCTER & GAMBLE COMPANY
Board
3.3.07
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(b) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 12(4) (2007)
Keywords
Late-filed evidence - admitted (yes)
Remittal to the department of first instance - (no)
Amendments - added subject-matter (no)
Sufficiency of disclosure - (yes)
Inventive step - (yes)
Catchword
-
Cited cases
-
Citing cases
T 2524/19

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 with the claims of auxiliary request 1 filed with letter dated 14 September 2016 and a description to be adapted thereto.