T 1086/99 (Edible oil/fat compositions/KAO CORPORATION) of 10.11.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T108699.20041110
- Date of decision
- 10 November 2004
- Case number
- T 1086/99
- Petition for review of
- -
- Application number
- 92202859.2
- IPC class
- A23D 9/00
- 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
- Edible oil/fat compositions
- Applicant name
- KAO CORPORATION
- Opponent name
- UNILEVER N.V.
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(1) 1973European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 57a 1973
- Keywords
- Admissibility of new opposition ground (yes): correct use of the discretionary power by opposition division
Main request: Article 123 EPC (yes): support in the application as originally filed
Clarity (yes): term 'cooking' taken in its broadest meaningful sense
Novelty (no): the use claim encompasses the use of the olive oil known from prior art
First auxiliary request: Article 123 EPC (no): the disclaimer is not allowable since the prior art is not so remote to disappear for the assessment of inventive step
Second auxiliary request: inventive step (no): obvious method steps for the preparation of a known product
Third auxiliary request: inventive step (no): further conventional steps - Catchword
- -
- Citing cases
- G 0001/16
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.