T 1109/18 (Consumables/GIVAUDAN) of 06.10.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T110918.20221006
- Date of decision
- 6 October 2022
- Case number
- T 1109/18
- Petition for review of
- -
- Application number
- 07816204.7
- 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
- CONSUMABLES
- Applicant name
- Givaudan SA
- Opponent name
- Geitz, Holger
Cargill, Incorporated - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 103(1)(a)European Patent Convention R 80
- Keywords
- Amendments - added subject-matter (no)
Amendments - broadening of claim (no)
Amendment occasioned by ground for opposition - (yes)
Claims - conciseness (yes)
Claims - clarity (yes)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (yes)
Reimbursement of appeal fee - substantial procedural violation (no)
Opposition division's alleged "suggestion" to delete claims - Catchword
- -
- 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 based on the claims 1-13 of the main request filed as the thirteenth auxiliary request with the reply to the opponents' grounds of appeal, and a description to be adapted thereto.
3. The request of the appellant (opponent 2) for reimbursement of the appeal fee is refused.