T 0378/02 (Analysis of polynucleotide sequences/OXFORD GENE TECHNOLOGY) of 12.10.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T037802.20051012
- Date of decision
- 12 October 2005
- Case number
- T 0378/02
- Petition for review of
- -
- Application number
- 89905449.8
- IPC class
- C12Q 1/68
- 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
- Method and apparatus for analysing polynucleotide sequences
- Applicant name
- OXFORD GENE TECHNOLOGY LIMITED
- Opponent name
- 01: Hyseq Inc.
02: Nanogen Inc.
03: F.HOFFMANN-LA ROCHE & CO.
04: Abbott Laboratories
05: Multilyte Ltd.
06: Vysis Corp. - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Novelty, inventive step, sufficiency of disclosure, clarity (yes), added subject-matter, extension of scope of protection (no)
- Catchword
- -
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 maintain the patent as amended in the following version:
description:
pages 3 to 5, 7, 8, 10 to 12 of the patent specification,
pages 2, 6 and 9 received during oral proceedings on 12 October 2005
claims:
No. 1 to 22 received during oral proceedings on 11 October 2005.