T 0780/08 (RNA virus/CSIC) of 26.11.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T078008.20091126
- Date of decision
- 26 November 2009
- Case number
- T 0780/08
- Online on
- 11 December 2009
- Petition for review of
- -
- Application number
- 00990628.0
- IPC class
- C12N 7/04
- 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
- Artificial chromosome constructs containing nucleic acid sequences capable of directing the formation of a recombinant RNA-virus
- Applicant name
- CONSEJO SUPERIOR DE INVESTIGACIONES CIENTIFICAS
- Opponent name
- Akzo Nobel N.V.
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83
- Keywords
- Sole claim request - objection of insufficient disclosure overcome by amendment
Both parties request maintenance of the patent on its basis
No other objections of the board of its own motion - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted back to the first instance with the order to maintain the patent on the basis of auxiliary request I filed on 4 November 2008, the description as granted except for an amended page 3 as filed during the oral proceedings, and the figures as granted.