T 0759/03 (FIV/ST. VINCENT'S INSTITUTE, et al) of 17.08.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T075903.20060817
- Date of decision
- 17 August 2006
- Case number
- T 0759/03
- Petition for review of
- -
- Application number
- 92912386.7
- IPC class
- C07K 7/06
- 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
- Detection of feline immunodeficiency viruses
- Applicant name
- ST. VINCENT'S INSTITUTE OF MEDICAL RESEARCH LIMITED, et al
- Opponent name
- IDEXX Laboratories, Inc.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- New main request - added subject-matter - (no), novelty, inventive step, sufficiency, clarity - (yes)
- Catchword
- -
- 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 maintain the patent in amended form on the basis of the following documents:
- claims 1 to 14 for all designated Contracting States
except ES, filed at the oral proceedings,
- claims 1 to 13 for ES, filed at the oral proceedings,
- pages 3, 7, 8 and 10 of the patent specification,
- page 9 as received on 26 June 2000,
- pages 4 to 6 filed at the oral proceedings,
- figure 1 of the patent specification.