T 0784/06 (Genotype determination/BECKMAN) of 23.06.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T078406.20100623
- Date of decision
- 23 June 2010
- Case number
- T 0784/06
- Petition for review of
- -
- Application number
- 95906094.8
- IPC class
- C12Q 1/68
- 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
- Automatic genotype determination
- Applicant name
- Beckman Coulter, Inc.
- Opponent name
- Roche Diagnostics GmbH
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52European Patent Convention Art 56
- Keywords
- Main request: inventive step (no)
Auxiliary requests 1 to 11: inventive step (no)
Admission of auxiliary requests filed at the oral proceedings (no) - Catchword
- In the present case, the board could not establish for the claimed method an interaction between the technical activity of step A with the mental activities of steps B to E leading to a tangible technical result. Thus, in the assessment of inventive step, features B to E were ignored (see points 5 to 7 of the reasons) and an inventive contribution based on step A was denied (see points 8 to 11 of the reasons).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.