T 0376/22 (Lactose-reduced milk/ARLA FOODS) of 20.06.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T037622.20240620
- Date of decision
- 20 June 2024
- Case number
- T 0376/22
- Petition for review of
- -
- Application number
- 11745512.1
- 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
- LACTOSE-REDUCED MILK-RELATED PRODUCT AND A PROCESS FOR ITS MANUFACTURE
- Applicant name
- Arla Foods Amba
- Opponent name
- Valio Ltd
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Auxiliary request 1: Added matter - (no); Clarity - (yes); sufficiency of disclosure - (yes); novelty - (yes) inventive step - (yes)
- Catchword
- -
- Cited cases
- G 0003/14
- 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 in the following version:
- claims 1 to 6 of auxiliary request 1 filed with the letter of 12 March 2024
- description: paragraphs 1 to 357 of the "Druckexemplar" annexed to the decision under appeal, with paragraphs 16 and 262 to 264 deleted
- figures of the patent specification