T 1289/19 of 09.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T128919.20220309
- Date of decision
- 9 March 2022
- Case number
- T 1289/19
- Petition for review of
- -
- Application number
- 06765408.7
- 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
- PROCESS FOR THE PREPARATION OF TRIVALENT IRON COMPLEXES WITH MONO-, DI- AND POLYSACCHARIDE SUGARS
- Applicant name
- Biofer S.p.A.
- Opponent name
- Vifor(International)AG
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Experimental report submitted with statement of grounds of appeal (partly admitted)
Product-by-process-claim - novelty (no)
Process claim - inventive step (yes) - 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 department of first instance with the order to maintain the patent on the basis of the claim of auxiliary request 6 filed during oral proceedings before the opposition division on 24 January 2019, after any necessary consequential amendment of the description.