T 1766/22 (Emulsification Process/NUTRICIA) of 15.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T176622.20240115
- Date of decision
- 15 January 2024
- Case number
- T 1766/22
- Petition for review of
- -
- Application number
- 16709435.8
- 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
- TWO-STEP EMULSIFICATION PROCESS FOR PREPARING INFANT FORMULA
- Applicant name
- N.V. Nutricia
- Opponent name
- Fresenius Kabi Deutschland GmbH
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56
- Keywords
- Main Request: added-subject matter - (no); Inventive step - (yes)
- Catchword
- -
- Citing cases
- T 0379/23
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: No. 1 to 24 according to the main request filed as auxiliary request 2 with the reply to the statement of grounds of appeal
Description: paragraphs 1 to 171 as filed during the oral proceeding before the board
Figures: the sole figure of the patent specification