T 2165/08 (Bi-cyclic nucleoside analogues/EXIQON) of 06.03.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T216508.20130306
- Date of decision
- 6 March 2013
- Case number
- T 2165/08
- Petition for review of
- -
- Application number
- 98942516.0
- IPC class
- C07H 21/00
- 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
- T 2165/08 Bi-cyclic nucleoside analogues/EXIQON 2014-02-11
- Abstracts for this decision
- -
- Application title
- Bi- and tri-cyclic nucleoside, nucleotide and oligonucleotide analogues
- Applicant name
- Exiqon A/S
- Opponent name
- Isis Pharmaceuticals, Inc.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1)European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 87Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)Rules of procedure of the Boards of Appeal Art 16(1)
- Keywords
- Main request - inventive step (no)
Auxiliary request 1 and 2 - not admitted
Auxiliary request 3 - added matter (no), novelty (yes), inventive step (yes) - Catchword
- -
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 an order to maintain the patent on the basis of auxiliary request 3 filed with appellant's letter of 6 February 2013 and a description and figures yet to be adapted thereto.
3. There be an apportionment of costs such that the appellant pays the respondent's costs incurred by auxiliary requests 1 and 2 and document D51 filed with appellant's letter of 6 February 2013 and document D52 filed with appellant's facsimile of 12 February 2013.