T 0369/07 (Fluorinated xanthene derivatives/MOLECULAR PROBES, INC.) of 23.09.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T036907.20090923
- Date of decision
- 23 September 2009
- Case number
- T 0369/07
- Petition for review of
- -
- Application number
- 97922299.9
- IPC class
- C09B 11/00
- 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
- Fluorinated xanthene derivatives
- Applicant name
- Molecular Probes, Inc.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54(2)
- Keywords
- Added matter (no) - basis in the application as originally filed
Novelty (yes) - not unambiguously disclosed
Remittal (yes) - ground of decision under appeal overcome - Catchword
- -
- Cited cases
- T 0007/86
- Citing cases
- -
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 the first instance for further prosecution on the basis of the set of claims filed on 21 September 2009.