T 1406/08 (Cassava vein mosaic virus promoters/SCRIPPS) of 24.02.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T140608.20110224
- Date of decision
- 24 February 2011
- Case number
- T 1406/08
- Online on
- 15 April 2011
- Petition for review of
- -
- Application number
- 97932190.8
- IPC class
- C12P 21/06
- 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
- Cassava vein mosaic virus promoters and uses thereof
- Applicant name
- The Scripps Research Institute
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 82European Patent Convention Art 83European Patent Convention Art 84European Patent Convention Art 123(2)
- Keywords
- Main request: added matter (no); unity, clarity, support, sufficiency of disclosure, novelty, inventive step (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 department of first instance with the order to grant a patent on the basis of claims 1 to 6 of the new main request filed during the oral proceedings and a description and figures to be adapted thereto.