European Patent Office

T 0601/05 (Anti-TNF alpha human monoclonal antibodies/BAYER III) of 02.12.2009

European Case Law Identifier
ECLI:EP:BA:2009:T060105.20091202
Date of decision
2 December 2009
Case number
T 0601/05
Petition for review of
-
Application number
94102560.3
IPC class
C07K 16/24
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Abstracts for this decision
-
Application title
Anti-TNF alpha human monoclonal antibodies
Applicant name
Bayer Corporation
Opponent name
Centocor, Inc.
Abbott Laboratories
Board
3.3.04
Headnote
-
Keywords
Admission of late-filed documents - (partly)
Admission of late-filed auxiliary requests 1 to 3 - (no)
Main request - sufficiency of disclosure - (no)
Auxiliary request 4 - added matter, extension of scope (no); clarity and support (yes); sufficiency of disclosure, novelty, inventive step (yes)
Right to be heard violated by (i) non-admission of parts of documents and (ii) limitation of time to speak at oral proceedings (no)
Catchword
see points 11 to 17, 21 to 44 and 121 to 126

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 the following documents:

Claims: 1 to 4 of auxiliary request 4 filed at the oral proceedings.

Description: page 3 filed at the oral proceedings;

pages 4 to 18 of the patent specification.

Figures: 1 to 12 of the patent specification.