T 0720/97 (Chocolate/FUJI OIL COMPANY) of 13.11.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T072097.20021113
- Date of decision
- 13 November 2002
- Case number
- T 0720/97
- Petition for review of
- -
- Application number
- 92301815.4
- IPC class
- A23G 1/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Chocolate and chocolate-utilizing food
- Applicant name
- FUJI OIL COMPANY, LIMITED
- Opponent name
- UNILEVER N.V.
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 57a 1973
- Keywords
- Amended claims: clarity (yes), novelty (yes), inventive step (yes)
- Catchword
- -
- Citing cases
- -
In the present decision, the board adopted these arguments which had been known to the respondent since end of May 1998 (see paragraphs VII and VIII above). Consequently, the board's decision to maintain the patent in amended form does not contravene the respondent's procedural rights as laid down in Article 113(1) EPC. ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent in an amended form on the basis of claims 1 to 8 filed on 17 June 2002 and the description filed on 15 September 1997 together with the statement of the grounds of appeal.