T 2644/19 (Micellar proteins/NESTLÉ) of 27.01.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T264419.20220127
- Date of decision
- 27 January 2022
- Case number
- T 2644/19
- Petition for review of
- -
- Application number
- 12775022.2
- 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
- USE OF WHEY PROTEIN MICELLES FOR INFANTS AT RISK OF OBESITY OR DIABETES
- Applicant name
- Société des Produits Nestlé S.A.
- Opponent name
- N.V. Nutricia
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 99(1)European Patent Convention R 139European Patent Convention R 77(1)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Clarification of the opponent's identity by documents showing the opponent's original intention - (yes)
Admission in appeal of documents which were not filed during the opposition proceedings - (yes)
Request for hearing a member of the opposition division as witness - refused
Opposition division's decision finding the opposition inadmissible set aside - (yes)
Remittal to the opposition division
Remittal - (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 opposition division for further prosecution.