T 0390/07 (Lysine production/AJINOMOTO) of 20.11.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T039007.20081120
- Date of decision
- 20 November 2008
- Case number
- T 0390/07
- Petition for review of
- -
- Application number
- 97108764.8
- IPC class
- C12N 9/06
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method of producing L-lysine
- Applicant name
- Ajinomoto Co., Inc.
- Opponent name
- BASF Aktiengesellschaft
- Board
- 3.3.08
- Headnote
1. A claim request which was replaced by another request in proceedings before the opposition division because it was manifest that it would fail thereby avoiding a formal decision, and which was filed on appeal, was considered inadmissible (cf. points 1 to 3 of the Reasons).
2. A third party within the meaning of Article 115 EPC is not a party to any proceedings and has no more than an opportunity to "present observations", the admissibility of which is entirely a matter for the board (cf. points 4 to 7 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 123(3)European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Admissibility of the main request (no)
Admissibility of experimental evidence submitted by a third party (no)
Admissibility of a new document filed by a third party (no)
Auxiliary request - extension of protection (no), clarity (yes), inventive step (yes), sufficiency of disclosure (yes) - Catchword
- -
- Cited cases
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ORDER
For these reasons it is decided that:
The appeals of both appellants are dismissed.