European Patent Office

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
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Application number
14726214.1
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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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
-
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
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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.