T 2108/19 (Animal feed additive/NUTRECO) of 06.12.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T210819.20221206
- Date of decision
- 6 December 2022
- Case number
- T 2108/19
- Petition for review of
- -
- Application number
- 10702358.2
- 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
- ANIMAL FEED ADDITIVE AND ANIMAL FEED COMPRISING ALKYL ESTERS OF MEDIUM CHAIN FATTY ACIDS, AND THEIR USE IN ANIMAL FEED
- Applicant name
- Nutreco Nederland B.V.
- Opponent name
- Nutrition Sciences N.V.
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 123(2)European Patent Convention Art 53(c)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Late-filed evidence - submitted with the statement of grounds of appeal
Late-filed evidence - could have been filed in first instance proceedings (no)
Amendments - added subject-matter (no)
Sufficiency of disclosure - (yes)
Grounds for opposition - fresh ground for opposition (yes)
Inventive step - main request (yes)
Amendment after summons - taken into account (no) - Catchword
- -
- Cited cases
- G 0010/91
- 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 as amended in the following version:
- claims 1-16 in accordance with the main request filed with the patent proprietor's statement setting out the grounds of appeal
- description paragraphs [0001] to [0052] as filed during the oral proceedings before the board
- drawings figures 1-3 of the patent specification.