T 0293/04 (Lyme vaccine/BAXTER) of 05.04.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T029304.20060405
- Date of decision
- 5 April 2006
- Case number
- T 0293/04
- Petition for review of
- -
- Application number
- 92111713.1
- IPC class
- C12N 15/31
- 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
- Method and composition for the prevention of Lyme disease
- Applicant name
- Baxter Aktiengesellschaft
- Opponent name
- MIKROGEN molekularbiologische Entwicklungs-GmbH
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 87 1973
- Keywords
- Main request - novelty (yes), inventive step (yes), sufficiency of disclosure (yes)
- Catchword
- -
- Citing cases
- T 0716/08
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 on the basis of the main request for all designated states except ES filed with the statement of grounds of appeal, the claims of the main request for the designated state ES and pages 3 to 5, 7 and 8 of the description, both as filed at the oral proceedings, page 2, 6 and 9 to 13 of the description as granted, and the two figures as granted.