T 2111/09 (Fluorometric method/THE SECRETARY OF STATE FOR DEFENCE) of 28.08.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T211109.20140828
- Date of decision
- 28 August 2014
- Case number
- T 2111/09
- Petition for review of
- -
- Application number
- 98955810.1
- IPC class
- C12Q 1/68
- 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
- Fluorometric method for monitoring and detecting nucleic acid amplification
- Applicant name
- The Secretary of State for Defence
- Opponent name
- Becton, Dickinson and Company
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(3)European Patent Convention Art 54(4)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admission of new ground for opposition - (no)
Admission of new evidence - (yes)
Admission of new main request - (yes)
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- T 0305/87
- 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 based on the following documents:
- claims 1 to 26 of the new main request filed during oral proceedings;
- description pages 2, 3, 5 - 8 of the patent as granted;
- description page 4 filed during oral proceedings;
- figures of the patent as granted.