T 0494/99 (Hard Candy/CERESTAR) of 19.02.2003

European Case Law Identifier: ECLI:EP:BA:2003:T049499.20030219
Date of decision: 19 February 2003
Case number: T 0494/99
Petition for review of: -
Application number: 92307118.7
IPC class: A23G 3/00
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: Process for the production of hard candy
Applicant name: CERESTAR HOLDING BV
Opponent name: ROQUETTE FRERES, S.A.
Board: 3.3.02
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2) 1973 European Patent Convention Art 123(3) 1973 European Patent Convention Art 54 1973 European Patent Convention Art 56 1973
Keywords: Admissibility of requests filed at oral proceedings (no)
Novelty (yes): no suggestion in allegedly novelty-destroying citation to combine separate items belonging to different embodiments described in that citation
Inventive step (no): comparative experiments are not suitable to demonstrate any of the alleged improvements associated with the claimed process; solution to the problem of providing an alternative process for the production of hard candy obvious in the light of the closest state of the art
Catchword: -
Cited cases: T 0181/82 T 0197/86 T 0063/99
Citing cases: T 0234/03 T 0236/09 T 2193/18 T 1732/21

ORDER

For these reasons it is decided that:

1. he decision under appeal is set aside.

2. The patent is revoked.