European Patent Office

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)
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
-
Keywords
Added subject-matter - (no), patentable subject-matter, novelty, inventive step, sufficiency, clarity - (yes)
Catchword
-
Cited cases
-
Citing cases
G 0002/12G 0002/13

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.