T 0937/02 (G-CSF/OSAKA BIOSCIENCE) of 05.10.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T093702.20061005
- Date of decision
- 5 October 2006
- Case number
- T 0937/02
- Petition for review of
- -
- Application number
- 91905894.1
- IPC class
- C07K 14/00
- 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
- DNA Coding for granulocytic colony stimulating factor receptor
- Applicant name
- OSAKA BIOSCIENCE INSTITUTE
- Opponent name
- 01) Monsanto Company
02) Immunex Corporation - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Main request - added subject-matter (yes)
Auxiliary request I - inventive step (no)
Auxiliary request II - inventive step (yes) - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided:
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 in the following version:
Claims: Claims 1 to 15 of version (a) for all designated contracting states except GR and ES, and claims 1 to 15 of version (b) for the contracting state GR, and claims 1 to 16 of version (c) for the contracting state ES, according to auxiliary request II filed during oral proceedings;
Description: Pages 2 to 7 and 14, filed during oral proceedings, and pages 8 to 13 as granted;
Drawings: Figures 1 to 14 as granted.