T 1068/07 (Enzymatic DNA/SCRIPPS) of 25.06.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T106807.20100625
- Date of decision
- 25 June 2010
- Case number
- T 1068/07
- Petition for review of
- -
- Application number
- 98920015.9
- IPC class
- C12Q 1/68
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- Other decisions for this case
- T 1068/07 Enzymatic DNA/SCRIPPS II 2012-03-07
- Abstracts for this decision
- -
- Application title
- Enzymatic DNA molecules
- Applicant name
- THE SCRIPPS RESEARCH INSTITUTE
- Opponent name
- -
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)
- Keywords
- Main request and auxiliary request I - added subject-matter (yes)
Auxiliary requests II and III - disclaimer
Referral to the Enlarged Board of Appeal - yes - Catchword
- Question referred to the Enlarged Board of Appeal:
Does a disclaimer infringe Article 123(2) EPC if its subject-matter was disclosed as an embodiment of the invention in the application as filed?
ORDER
For these reasons it is decided that:
To refer ex officio the following question to the Enlarged Board of Appeal:
"Does a disclaimer infringe Article 123(2) EPC if its subject-matter was disclosed as an embodiment of the invention in the application as filed?"