T 1068/07 (Enzymatic DNA/SCRIPPS II) of 07.03.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T106807.20120307
- Date of decision
- 7 March 2012
- 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
- OJ versions
- No OJ links found
- Other decisions for this case
- T 1068/07 ADN enzymatique/SCRIPPS 2010-06-25T 1068/07 Enzymatic DNA/SCRIPPS 2010-06-25T 1068/07 Enzymatic DNA/SCRIPPS 2010-06-25T 1068/07 Enzymatische DNA/SCRIPPS 2010-06-25
- 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 - added subject-matter (yes)
- Catchword
- In line with the decision G 2/10 of the Enlarged Board of Appeal, for a disclaimer that diclaims from a claim subject-matter disclosed in the application as filed to fulfil the requirements of Article 123(2) EPC, the subject-matter of the disclaimer introduced in that claim has to be - either explicitly of implicitly - directly and unambiguously disclosed in the application as filed, and the subject-matter remaining in this claim after the introduciton of the disclaimer in this claim has to be - either explicitly or implicitly - directly and unambiguously derivable from the application as filed (see points 1 and 2 of the Reasons for the decision).
ORDER
For these reasons it is decided that:
The decision under appeal is set aside and the case is remitted to the first instance for further prosecution on the basis of the Main Request (filed on 25 May 2010 as Auxiliary Request II).