T 0768/06 (Molecular evolution/MAXYGEN) of 24.01.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T076806.20080124
- Date of decision
- 24 January 2008
- Case number
- T 0768/06
- Petition for review of
- -
- Application number
- 96940934.1
- IPC class
- C12N 15/10
- 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
- Methods for generating polynucleotides having desired characteristics by iterative selection and recombination
- Applicant name
- Maxygen, Inc.
- Opponent name
- GENENCOR INTERNATIONAL INC.
Diversa Corporation - Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 10(a)(2)Rules of procedure of the Boards of Appeal Art 12(2)
- Keywords
- Main request - inventive step - yes
- Catchword
- See Section VI of Facts and Submissions and points 1 to 3 of the Reasons.
- Cited cases
- T 0263/05
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is sent back to the first instance with the order to maintain the patent on the basis of the following documents:
- claims 1 to 11 filed on 2 February 2006, and
- a description to be adapted thereto and
- the Figures 1 to 33b as granted.