T 0971/04 (Nucleic acid isolation/GENPOINT) of 22.11.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T097104.20051122
- Date of decision
- 22 November 2005
- Case number
- T 0971/04
- Petition for review of
- -
- Application number
- 98921592.6
- IPC class
- C07H 1/08
- 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
- Solid-phase Nucleic Acid Isolation
- Applicant name
- Genpoint AS
- Opponent name
- Merck Patent GmbH
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Main request - added subject-matter (no)
Extension of protection (no)
Novelty and inventive step (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 on the basis of:
- Claims 1-15 of the main request, filed on 24 October 2005 (at that time as auxiliary request B),
- Description pages 2-8, 3a filed during oral proceedings,
- Figure as granted.