T 0796/02 (Hepatitis B antigen/GENENTECH) of 01.04.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T079602.20040401
- Date of decision
- 1 April 2004
- Case number
- T 0796/02
- Petition for review of
- -
- Application number
- 82304513.3
- IPC class
- C12N 15/81
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Preparation of hepatitis B surface antigen in yeast
- Applicant name
- GENENTECH, INC.
- Opponent name
- Akzo Pharma B.V.
Pasteur Merieux Serums et Vaccins
Institut Pasteur - Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 111(2) 1973
- Keywords
- Decision re appeals - contravene ratio decidendi (no)
Late submitted requests (yes)
Abuse of proceedure (yes) - Catchword
- It amounts to an abuse of procedure to withdraw a request with broader claims in proceedings before the board of appeal, in order to avoid that a negative decision be taken on it by the board, but then to re-introduce those broader claims before the opposition division, having obtained remittal of the case for further prosecution on the basis of much more limited claims.
ORDER
For these reasons it is decided that:
The appeal is dismissed.