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
Application number: 92202859.2
IPC class: A23D 9/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 64 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Edible oil/fat compositions
Applicant name: KAO CORPORATION
Opponent name: UNILEVER N.V.
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 84
European Patent Convention 1973 Art 123
European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 114(1)
European Patent Convention 1973 R 57a
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
Catchwords:

-

Cited decisions:
G 0010/91
G 0001/95
G 0001/03
Citing decisions:
G 0001/16

6 references found.

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Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law of the Enlarged Board