T 3048/19 (Propyl-methyl-phenol compound for treating fish/EWOS) of 26.09.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T304819.20220926
- Date of decision
- 26 September 2022
- Case number
- T 3048/19
- Petition for review of
- -
- Application number
- 11717046.4
- 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
- Carvacrol/thymol composition for the treatment of salmonid rickettsial septicemia and infectious salmon anemia
- Applicant name
- Ewos Innovation AS
- Opponent name
- Nutreco IP Assets BV
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 54European Patent Convention Art 54(5)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal 2020 Art 025Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Main request - non-medical use - Novelty (no)
Auxiliary requests 1 and 2 - Amendment after summons - exceptional circumstances (yes)
Auxiliary requests 1 and 2 - Novelty (yes)
Auxiliary request 1 - Inventive step (no)
Auxiliary request 2 - Inventive step (yes)
Auxiliary request 2 - Sufficiency of disclosure - (yes)
Late filed experimental evidence - not admitted - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
- The decision under appeal is set aside. 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 thereto:
claims 1 to 11, filed as New auxiliary request 2 during the oral proceedings of 26 September 2022