T 1571/19 (Feed composition for fish/EWOS) of 09.11.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T157119.20221109
- Date of decision
- 9 November 2022
- Case number
- T 1571/19
- Online on
- 19 January 2023
- Petition for review of
- -
- Application number
- 13803287.5
- IPC class
- A23K 50/80A23K 20/00
- 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
- Abstract on EPC2000 Art 056
- Application title
- FEED COMPOSITION FOR FISH
- Applicant name
- Ewos Innovation AS
- Opponent name
- Nutreco IP Assets BV
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2)European Patent Convention Art 54(5)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 15(1)
- Keywords
- Sufficiency (yes): therapeutic effect rendered plausible by the tests shown in the patent; no counter-evidence that the effect cannot be attained
Novelty (yes): no convincing evidence that the invention was made available to the public by public prior use or oral disclosure
Inventive step (yes): claimed therapeutic use not obvious over the cited prior art - Catchword
- Most promising springboard toward the claimed invention too short to allow the skilled person to reach out to cited secondary document and to overcome the considerable gap separating the closest prior art from the claimed subject-matter (reasons 3.35 to 3.39)
- Citing cases
- G 0002/21
Order
For these reasons it is decided that:
The appeal is dismissed