T 1980/08 (Transmembrane Htk ligand/GENENTECH) of 06.12.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T198008.20111206
- Date of decision
- 6 December 2011
- Case number
- T 1980/08
- Online on
- 9 December 2011
- Petition for review of
- -
- Application number
- 95926279.1
- IPC class
- C12N 15/12
- 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
- Htk Ligand
- Applicant name
- Genentech, Inc.
- Opponent name
- STRAWMAN LIMITED
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Main and sole request - novelty, inventive step, sufficiency of disclosure (yes)
- 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 department of first instance with the order to maintain the patent on the basis of the following documents:
- claims 1 to 13 of the replacement main request filed on 18 October 2011,
- description: replacement pages 3, 20, 23 and 25 as filed on 18 October 2011; pages 4 to 5 and 21 as filed on 21 May 2008 and pages 2, 6 to 19, 22, 24 and 26 to 32 of the patent specification,
- Figures 1A to 5B of the patent specification, and
- Sequence Listing of the patent specification.