T 0867/02 (Reagents for scintigraphic imaging/CIS BIO INTERNATIONAL) of 01.10.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T086702.20081001
- Date of decision
- 1 October 2008
- Case number
- T 0867/02
- Online on
- 27 November 2008
- Petition for review of
- -
- Application number
- 93915221.1
- IPC class
- A61K 51/00
- 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
- Technetium-99m labeled peptides for imaging
- Applicant name
- CIS bio international
- Opponent name
- Bristol-Myers Squibb Pharma Company
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 52(4) 1973European Patent Convention Art 111(1) 1973
- Keywords
- Main request and auxiliary requests 1-4 - novelty - (no)
Auxiliary requests 5 and 6 - admissibility - (no): late filed and not caused by new facts or arguments
Auxiliary request 6a - novelty and inventive step - (yes): introduction of branching units into the molecules not obvious
Remittal - (yes): adaptation of the description - 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 first instance with the order to maintain the patent in amended form on the basis of auxiliary request 6a filed as auxiliary request 5 with letter of 5 November 2007 and a description to be adapted accordingly.