T 1456/09 (Proteins in plant seeds/UNIVERSITY OF CALIFORNIA) of 04.12.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T145609.20121204
- Date of decision
- 4 December 2012
- Case number
- T 1456/09
- Petition for review of
- -
- Application number
- 98949710.2
- IPC class
- C12N 15/82
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Production of proteins in plant seeds
- Applicant name
- The Regents of The University of California
- Opponent name
- BASF Plant Science GmbH
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Main request - not admitted
1st auxiliary request - inventive step (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 as amended in the following version:
- claims 1 to 12 of the new 1st auxiliary request, filed as 5th auxiliary request with the statement of grounds of appeal;
- amended pages 2 to 24 of the description (version II) filed at the oral proceedings;
- figures 1 to 7 of the published patent specification.