European Patent Office

T 1487/17 (Danisco/enzyme-substrate) of 29.07.2020

European Case Law Identifier
ECLI:EP:BA:2020:T148717.20200729
Date of decision
29 July 2020
Case number
T 1487/17
Online on
9 September 2020
Petition for review of
-
Application number
09756878.6
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
DELIVERY SYSTEM FOR CO-FORMULATED ENZYME AND SUBSTRATE
Applicant name
Danisco US Inc.
Opponent name
Henkel AG & Co. KGaA
NOVOZYMES A/S
Board
3.3.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 83 (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 56 (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(3) (2020)
Keywords
Amendments - allowable (yes)
Admissibility of appeal
Inventive step - non-obvious combination of known features
Inventive step - could-would approach
Late filed request - admitted (yes)
Catchword
-
Cited cases
T 0074/10
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 in amended form based on the claims of the new main request (former auxiliary request 4 filed with letter of 2 June 2020) and a description to be adapted thereto.