T 2583/17 (High pressure homogenization in combination with functionalized egg/KRAFT) of 12.07.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T258317.20210712
- Date of decision
- 12 July 2021
- Case number
- T 2583/17
- Online on
- 21 July 2021
- Petition for review of
- -
- Application number
- 11177007.9
- 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
- High pressure homogenization in combination with functionalized egg for production of emulsion-based food products
- Applicant name
- Kraft Foods R & D, Inc.
- Opponent name
- UNILEVER N.V. / UNILEVER PLC
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 83European Patent Convention Art 123(2)
- Keywords
- Oral proceedings - withdrawal of request for oral proceedings
Late-filed evidence - admitted (yes/no)
Grounds for opposition - added subject-matter (no)
Grounds for opposition - insufficiency of disclosure (no)
Amendments - extension beyond the content of the application as filed (no)
Sufficiency of disclosure - auxiliary request (yes)
Inventive step - main request (no)
Inventive step - 1st and 2nd auxiliary requests (no)
Inventive step - 3rd auxiliary request (yes) - Catchword
- -
- Cited cases
- -
- 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 with the following claims
and a description and drawings to be adapted where
necessary:
Claims:
No. 1 to 14 of the third auxiliary request, filed with the reply dated 23 July 2018.