T 1360/08 (Annual medics/PRISTINE FORAGE TECHNOLOGIES PTY LTD) of 08.07.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T136008.20100708
- Date of decision
- 8 July 2010
- Case number
- T 1360/08
- Online on
- 10 February 2011
- Petition for review of
- -
- Application number
- 05250580.7
- IPC class
- A01H 5/10
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Improved pasture, forage and seed production technology through pod and leaf retention on annuals of the medicago genus (annual medics)
- Applicant name
- Pristine Forage Technologies Pty Ltd
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 53(b)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 123(2)European Patent Convention R 26(5)
- Keywords
- Main request: added matter (no) - novelty (yes) - inventive step (yes) - exclusion from patentability (no)
- 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 to the first instance with the order to grant a patent on the basis of the following documents:
- claims 1 to 10 of the main request filed during the oral proceedings;
- pages 1 and 3 to 10 of the application as filed;
- page 2 of the description filed during oral proceedings;
- the drawings of the application as filed.