T 0032/05 (Collagen fragments/OSTEOMETER) of 13.12.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T003205.20051213
- Date of decision
- 13 December 2005
- Case number
- T 0032/05
- Petition for review of
- -
- Application number
- 94926817.1
- IPC class
- G01N 33/53
- 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
- A method of assaying collagen fragments in body fluids, a test kit and means for carrying out the method and use of the method to diagnose the presence of disorders associated with the metabolism of collagen
- Applicant name
- Osteometer Biotech AS
- Opponent name
- Ostex International, Inc.
- 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 84 1973European Patent Convention Art 87 1973
- Keywords
- Main request (filed as auxiliary request 5)
Added matter (no)
Clarity (yes)
Novelty (yes)
Inventive step (yes)
Sufficiency of disclosure (yes) - Catchword
- -
- Cited cases
- T 0840/93
- 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 first instance with the order to maintain the patent on the basis of:
- claims 1 to 6 filed as auxiliary request 5 at the oral proceedings on 13 December 2005,
- description: page 5 as filed at the oral proceedings on 13 December 2005, and pages 2 to 4 and 6 to 22 as granted, and
- Figures: as granted.