T 0394/06 (CASB7439 polypeptide/GLAXOSMITHKLINE BIOLOGICALS) of 28.07.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T039406.20090728
- Date of decision
- 28 July 2009
- Case number
- T 0394/06
- Petition for review of
- -
- Application number
- 01929345.5
- IPC class
- C07K 14/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Novel compounds
- Applicant name
- GlaxoSmithKline Biologicals S.A.
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 54(4)European Patent Convention Art 54(5)European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Novelty, inventive step, sufficiency of disclosure (yes), added matter (no)
- Catchword
- -
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 grant a patent in the following version:
- claims 1 to 10 of the main request filed at the oral proceedings
- description: pages 1 to 49 as filed at the oral proceedings pages 50 to 77 as published pages 1 to 11 of the sequence listing as published
- figures 1 to 6 as published.