T 1662/22 of 02.02.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T166222.20240202
- Date of decision
- 2 February 2024
- Case number
- T 1662/22
- Petition for review of
- -
- Application number
- 16728322.5
- IPC class
- A22B 5/00A22C 17/00A22B 5/20
- 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
- REMOVING THE SPINAL COLUMN FROM A HALF-CARCASS OF A SLAUGHTERED ANIMAL
- Applicant name
- IHFood A/S
SFK Leblanc A/S - Opponent name
- Marel Red Meat B.V.
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty - (yes)
Inventive step - (yes)
Sufficiency of disclosure - undue burden (no)
Amendment after summons - exceptional circumstances (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 1773/22
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to uphold the patent in the following version:
Claims:
1 - 6 of the New Main Request filed during oral proceedings Before the Board;
Description:
Paragraphs 1-7, 9, 10, 18-23, 25-30, 32-36, 38, 40-42, 44, 48-65 of the patent specification,
Paragraphs 8, 11, 13, 14, 16, 17, 24, 37, 39, 43, 45-47 as filed during oral proceedings before the Opposition Division,
Paragraph 31 as filed during oral proceedings before the Board,
Drawings:
Figures : 1 - 8 of the patent specification.