T 0474/21 (Alpha-ketoglutarate composition/GRESPO) of 27.06.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T047421.20230627
- Date of decision
- 27 June 2023
- Case number
- T 0474/21
- Online on
- 27 July 2023
- Petition for review of
- -
- Application number
- 18178948.8
- IPC class
- A61K 31/198
- 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
- Compositions for improvement of brain function
- Applicant name
- Grespo AB
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention R 103(1)(a)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendment after summons - exceptional circumstances (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- -
- 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 examining division with the order to grant a patent with claims 1 to 11 of the main request, filed as auxiliary request 1 with the letter dated 21 February 2023, and a description and drawings to be adapted thereto, as appropriate.
3. The request for reimbursement of the appeal fee is rejected.