European Patent Office

T 3032/18 (Nutritional emulsions/ABBOTT) of 10.03.2022

European Case Law Identifier
ECLI:EP:BA:2022:T303218.20220310
Date of decision
10 March 2022
Case number
T 3032/18
Petition for review of
-
Application number
14169084.2
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
Nutritional emulsions comprising calcium HMB and soluble protein
Applicant name
ABBOTT LABORATORIES
Opponent name
N.V. Nutricia
Board
3.3.09
Headnote
-
Relevant legal provisions
European Patent Convention Art 56European Patent Convention Art 76(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Main request: admission (yes)
Main request: added matter (no)
Main request: inventive step (yes)
Catchword
-
Citing cases
T 2057/21

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is maintained on the basis of the following documents:

- Main request (claims 1 to 12), filed as auxiliary request 3 during the oral proceedings before the board;

- Description:

- paragraphs [0001] to [0054] as filed during the oral proceedings before the board;

- paragraphs [0055] to [0087] of the patent specification.