T 1057/22 (Fish oil and juice for the treatment of cancer/SMARTFISH) of 24.04.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T105722.20240424
- Date of decision
- 24 April 2024
- Case number
- T 1057/22
- Petition for review of
- -
- Application number
- 14726214.1
- IPC class
- A61K 35/00A23L 5/00
- 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
- USE OF A COMPOSITION COMPRISING FISH OIL AND JUICE FOR THE TREATMENT AND/OR POST TREATMENT OF CANCER
- Applicant name
- Smartfish AS
- Opponent name
- N.V. Nutricia
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 012(4)
- Keywords
- Auxiliary request 24 - admitted (yes)
Amendments - added subject-matter (no)
Therapeutic use - applicability of T 609/02
Sufficiency of disclosure - (yes)
Inventive step - (yes) - Catchword
- The facts underlying T 609/02 should be taken into account when considering its findings for its applicability to the case at hand (Reasons 3.2.8 to 3.2.12).
- 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 the claims according to auxiliary request 24 filed with the statement setting out the grounds of appeal and a description to be adapted and figures possibly to be adapted.