T 0629/22 (Cheese analogue/AVEBE) of 19.03.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T062922.20240319
- Date of decision
- 19 March 2024
- Case number
- T 0629/22
- Petition for review of
- -
- Application number
- 17715802.9
- IPC class
- A23C 20/02
- 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 056
- Application title
- VEGAN CHEESE ANALOGUE
- Applicant name
- Coöperatie Koninklijke Avebe U.A.
- Opponent name
- KMC, Kartoffelmelcentralen, A.m.b.a. (opponent 1)
Ingredion Corporation (opponent 2) - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(1)
- Keywords
- Auxiliary main request: Inventive step - (no)
Food product defined without specifying relevant steps used for its manufacture: properties achievable over the entire scope claimed: - (no)
Auxiliary request 1a-p-s: Sufficiency of disclosure - (yes); Inventive step - (yes)
Claimed effect obtained and problem solved substantially across the entire scope claimed - (yes) - Catchword
- Where a single composition at the edge of the scope of the claim and whose ingredients are contained in amounts at the end-values of the claimed ranges, does not achieve a technical effect relevant for the assessment of inventive step, the inclusion of that non-working composition within the scope of the claim is of no harm if there is a large number of conceivable alternatives which achieve that effect, and the specification contains sufficient information on the relevant criteria for finding those alternatives with reasonable effort. See reasons, points 6.13 to 6.19.
- Cited cases
- G 0001/03
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 as amended in the following version:
Claims: 1 to 13 according to auxiliary request 1a-p-s filed with the letter of 18 January 2024
Description: Paragraphs [0001] to [0006], [0008] to [0011], [0013], [0014], [0017] to [0022], [0024] to [0044] and [0048] to [0067] of the patent specification and paragraphs [0007], [0012], [0015], [0016], [0023], [0045], [0046] and [0047] received during the oral proceedings on 19 March 2024
Drawings: Sheets 1/3 to 3/3 of the patent specification