T 0395/18 (Oligosaccharides for preventing allergic reactions in infants) of 11.09.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T039518.20200911
- Date of decision
- 11 September 2020
- Case number
- T 0395/18
- Petition for review of
- -
- Application number
- 12703533.5
- IPC class
- A23C 9/20
- 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
- MATERNAL SUPPLEMENT TO ENHANCE IMMUNE SYSTEM OF AN INFANT
- Applicant name
- N.V. Nutricia
- Opponent name
- Société des Produits Nestlé S.A.
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 54(5) (2007)European Patent Convention Art 83 (2007)European Patent Convention R 106 (2007)Rules of procedure of the Boards of Appeal Art 11 (2020)Rules of procedure of the Boards of Appeal Art 12(2) (2020)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 13(2) (2020)Rules of procedure of the Boards of Appeal Art 25(3) (2020)
- Keywords
- Main request: sufficiency of disclosure - (no)
Auxiliary requests 1 to 6: sufficiency of disclosure - (no)
Auxiliary request 7: added matter - (no); sufficiency of disclosure - (yes)
Admissibility of late filed submissions - (yes)
Violation of the right to be heard - (no)
Serious doubts that a therapeutic effect is achieved - (yes)
Oral proceedings by videoconference - Catchword
- -
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 for further prosecution.