T 0665/05 (modified HSV/ARCH) of 10.10.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T066505.20061010
- Date of decision
- 10 October 2006
- Case number
- T 0665/05
- Petition for review of
- -
- Application number
- 93907093.4
- IPC class
- C12N 15/869
- 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
- Treatment of tumorigenic disease with a modified HSV
- Applicant name
- Arch Development Corporation
- Opponent name
- BIOVEX LIMITED
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Main request: added subject-matter - no; inventive step - no
Auxiliary request: added subject-matter - no; inventive step - yes - Catchword
- -
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 claim of the first auxiliary request filed during oral proceedings and a description and drawings to be adapted thereto.