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Date of decision
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17 October 2007
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Case number
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T 0817/05
- 3.3.09
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Application number
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99939612.0
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Title of the application
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Antioxidant composition comprising Acetyl L-Carnitine and
alpha-Lipoic Acid
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Applicant name
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Sigma-Tau Healthscience S.p.A.
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Opponent name
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THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
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Keywords
Main request, auxiliary requests 1-3: Novelty established by
disclaimer (no)
Auxiliary request 4: Deletion of disclaimer: Reformatio in peius
(no), Novelty (yes)
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Catchwords:
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An amendment to a claim as allowed by the Opposition Division, by
which a disclaimer was deleted together with the omission of an
embodiment from which the disclaimer intended to exclude a
novelty-anticipating disclosure in a document according to
Article 54(3) EPC, does not put the Opponent and sole Appellant
in a worse situation than if it had not appealed. The principle
of the prohibition of "reformatio in peius" is not violated in
accordance with G 1/99.
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