European Patent Office

T 0498/21 (Continuously coating confectionary product/INTERCONTINENTAL GREAT BRANDS) of 14.07.2022

European Case Law Identifier
ECLI:EP:BA:2022:T049821.20220714
Date of decision
14 July 2022
Case number
T 0498/21
Petition for review of
-
Application number
12726541.1
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
SYSTEM AND METHOD FOR CONTINUOUSLY COATING CONFECTIONARY PRODUCT
Applicant name
Intercontinental Great Brands LLC
Opponent name
Mars, Incorporated
Board
3.3.09
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention R 99(1)(c)European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
Keywords
Admissibility of appeal (yes)
Amendment within meaning of Art. 12(4) RPBA 2020 (yes)
Claim request should have been submitted in first-instance proceedings (no)
Amendments - extension beyond the content of the application as filed (no)
Amendments - general technical teaching in the description (yes)
Catchword
-
Citing cases
T 2615/22T 0796/23

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.