T 1079/22 (Controlled release/ELANCO) of 27.05.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T107922.20240527
- Date of decision
- 27 May 2024
- Case number
- T 1079/22
- Petition for review of
- -
- Application number
- 13755420.0
- 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
- CONTROLLED RELEASE COMPOSITIONS AND THEIR METHODS OF USE
- Applicant name
- Elanco New Zealand
- Opponent name
- Boehringer Ingelheim Animal Health USA Inc.
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 012(5)
- Keywords
- Amendments - allowable (yes)
Discretion not to admit submission - submission admitted (no) - Catchword
- -
- Cited cases
- -
- 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 as amended in the following version:
Description:
Paragraphs 2-15, 17, 19-79 and 81-154 of the patent specification
Paragraphs 1, 16, 18 and 80 as filed with the letter of 3 August 2023.
Claims:
No. 1-16 according to the main request as filed with the statement of grounds of appeal
Drawings:
Sheets 1/16-16/16 of the patent specification.