T 0191/22 (Lactic bacterium/HANSEN) of 14.05.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T019122.20240514
- Date of decision
- 14 May 2024
- Case number
- T 0191/22
- Petition for review of
- -
- Application number
- 11703847.1
- 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
- Lactic bacterium for texturizing food products selected on basis of phage resistance
- Applicant name
- Chr. Hansen A/S
- Opponent name
- DuPont Nutrition Biosciences ApS
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 12(3)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Statement of grounds of appeal - party's complete appeal case (no)
Statement of grounds of appeal - reasons set out clearly and concisely (no)
Amendment after summons - taken into account (no) - Catchword
- -
- Cited cases
- T 1904/16
- 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 on the basis of claims 1 to 4 of the main request, which was filed as auxiliary request 5 with the reply to the statement of grounds of appeal, and the description and drawings of the specification to be adapted, as necessary.