T 0788/07 (Brassica/PIONEER) of 07.01.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T078807.20080107
- Date of decision
- 7 January 2008
- Case number
- T 0788/07
- Petition for review of
- -
- Application number
- 97951782.8
- IPC class
- A01H 5/10
- 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
- Oilseed Brassica containing an improved fertility restorer gene for ogura cytoplasmic male sterility
- Applicant name
- PIONEER HI-BRED INTERNATIONAL, INC.
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 53(b)European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention R 26(4)European Patent Convention R 26(4)(c)
- Keywords
- Added subject-matter - (no), patentable subject-matter, novelty, inventive step, sufficiency, clarity - (yes)
- Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided:
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 on the basis of the following documents:
Claims: 1 to 5 filed with letter dated 19 December 2007
Description: Pages 1 to 6, 9, 15 to 21, 24 to 29, 31 to 34 as published, and
pages 7, 8, 10 to 14, 22, 23 and 30 as filed on 25 January 2006, at the oral proceedings before the Examining Division
Figures: 1/5 to 5/5 as published.