T 1496/08 (Therapeutic vaccination/BN IMMUNOTHERAPEUTICS, INC.) of 15.02.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T149608.20120215
- Date of decision
- 15 February 2012
- Case number
- T 1496/08
- Petition for review of
- -
- Application number
- 99945967.0
- 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
- Methods for therapeutic vaccination
- Applicant name
- BN ImmunoTherapeutics, Inc.
- Opponent name
- GlaxoSmithKline Biologicals s.a.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(1)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admissibility in appeal proceedings of submissions which could have been made at first instance (no)" "Main request - sufficiency of disclosure (no)
Auxiliary request 1 - sufficiency of disclosure (yes) - Catchword
- -
- 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 department of first instance with the order to maintain the patent on the basis of claims 1 to 34 of auxiliary request 1 filed during the oral proceedings and a description and figures to be adapted thereto.