T 1261/21 (Bloom-retarding components for confectionary products/AAK) of 10.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T126121.20240110
- Date of decision
- 10 January 2024
- Case number
- T 1261/21
- Petition for review of
- -
- Application number
- 13792250.6
- 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 123(2)
- Application title
- METHOD FOR OBTAINING BLOOM-RETARDING COMPONENTS FOR CONFECTIONARY PRODUCTS
- Applicant name
- AAK Denmark A/S
- Opponent name
- Bunge Loders Croklaan B.V.
Cargill, Incorporated - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Choice of elements from a "list of converging alternatives"
Amendments - allowable (yes)
Claims - clarity (yes)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (yes)
Amendment after summons - taken into account (no)
Amended description consistent with the claims - (yes) - Catchword
- -
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 based on the following documents:
- claims 1 to 9 according to the main request filed as auxiliary request 26 submitted with the proprietor's grounds of appeal
- paragraphs 1 to 41 and 43 to 136 of the description as submitted at the oral proceedings before the board
- Figure 1 of the patent specification