T 0707/03 (Mismatch primer/ZLB BEHRING) of 19.01.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T070703.20060119
- Date of decision
- 19 January 2006
- Case number
- T 0707/03
- Online on
- 5 July 2006
- Petition for review of
- -
- Application number
- 98123569.0
- 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
- Labeled primer for use in detection of target nucleic acids
- Applicant name
- ZLB Behring GmbH
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention Art 123(2) 1973
- Keywords
- Added subject-matter (no)
Clarity, conciseness, support, sufficiency of disclosure, novelty, inventive step (yes) - 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 department of first instance with the order to grant a patent on the basis of:
- claims 1 to 12 filed during oral proceedings
- pages 2 and 20 of the description as filed during oral proceedings
- pages 3 to 19 of the description as published
- Figure 1 as published.