T 0713/02 (Phosphoramidites/AVECIA) of 12.04.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T071302.20050412
- Date of decision
- 12 April 2005
- Case number
- T 0713/02
- Petition for review of
- -
- Application number
- 96933245.1
- IPC class
- C07F 9/6518
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- In situ preparation of nucleoside phosphoramidites and oligonucleotide synthesis
- Applicant name
- Avecia Biotechnology Inc.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
1. Even where the Formalities Officer allowed a request for correction of priority data, that matter is not thereby decided in the applicant's favour in binding form prior to the decision terminating the granting procedure and is, thus, open to review by the Board of Appeal. (Point 2.1 of the reasons)
2. The examination of a request for correction of priority data after the publication of the application is not to be restricted to that portion of the facts and circumstances which in a decision of a Board of Appeal in another case were considered not to preclude the correction. Therefore, in the present case, it cannot be ignored that the requested correction by addition of an earlier priority date would eliminate from the state of the art pursuant to Article 54(2) EPC a highly relevant document, which the applicant had previously de facto accepted as comprised in that state of the art. (Point 2.2 of the reasons)
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 54 1973European Patent Convention R 67 1973European Patent Convention R 69(2) 1973European Patent Convention R 88 1973
- Keywords
- Correction of priority data after publication of application (not allowed) - no separate positive decision in examination proceedings - no binding effect - no res judicata - public taken by surprise - correction not requested promptly
Novelty (no) - prepublished document
Referral of questions to EBA (no) - questions irrelevant for present decision
Refund of appeal fee (no) - unsuccessfull appeal - Catchword
- -
ORDER
For these reasons it is decided that:
1. The request to refer questions to the Enlarged Board of Appeal is rejected.
2. The appeal is dismissed.
3. The request for reimbursement of the appeal fee is refused.