T 0025/09 (Capsular polysaccharide/NOVARTIS) of 23.12.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T002509.20091223
- Date of decision
- 23 December 2009
- Case number
- T 0025/09
- Petition for review of
- -
- Application number
- 02755452.6
- IPC class
- A61K 39/02
- 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
- Capsular polysaccharide solubilisation
- Applicant name
- Novartis AG
- Opponent name
- GlaxoSmithKline Biologicals SA
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(2)European Patent Convention Art 56
- Keywords
- Main request - inventive step (no); auxiliary request - added subject-matter (no), clarity, novelty, inventive step (yes)
Withdrawal of auxiliary requests (yes); opinion on withdrawn auxiliary requests (no) - Catchword
- -
- Cited cases
- G 0002/91G 0008/91G 0003/04J 0019/82T 0032/84T 0073/84T 0060/91T 0473/98T 0240/01T 1033/04T 1409/05
- Citing cases
- T 2879/19
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 auxiliary request as filed during the oral proceedings before the Board on 23 December 2009 and a description yet to be adapted thereto.
3. The request of Appellant II not to allow Appellant I to withdraw any of its auxiliary requests considered during oral proceedings is rejected.
4. The request of Appellant II that the Board expresses its opinion on auxiliary requests withdrawn during oral proceedings is rejected.