T 2141/16 (Reduction of risk of obesity/NESTLE) of 16.06.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T214116.20200616
- Date of decision
- 16 June 2020
- Case number
- T 2141/16
- Petition for review of
- -
- Application number
- 08716883.7
- IPC class
- A61P 3/04A61K 35/74A23L 1/30
- 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
- PROBIOTICS FOR REDUCTION OF RISK OF OBESITY
- Applicant name
- Société des Produits Nestlé S.A.
- Opponent name
- N.V. Nutricia
Hill's Pet Nutrition, Inc. - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 (2007)European Patent Convention Art 83 (2007)European Patent Convention R 103(4)(c)
- Keywords
- Main request - sufficiency of disclosure (yes)
Main request - inventive step (yes)
Decision in written proceedings after withdrawal of request for oral proceedings by both parties
Reimbursement of appeal fee at 25% (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
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 with the following claims and a description to be adapted where necessary:
Claims 1 to 7 of the main request, filed as auxiliary request 6 under cover of the respondent's reply to the grounds of appeal dated 23 March 2017.
3. The appeal fee is reimbursed at 25%.