T 0072/10 (Pathogenic organisms/BJÖRN) of 07.11.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T007210.20131107
- Date of decision
- 7 November 2013
- Case number
- T 0072/10
- Online on
- 21 November 2013
- Petition for review of
- -
- Application number
- 01901634.4
- IPC class
- C12Q 1/68G01N 33/569
- 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
- A method for detection of pathogenic organisms
- Applicant name
- Herrmann, Björn
Kirsebom, Leif
Stolt, Pelle c/o Kirsebom, Leif - Opponent name
- MacLean, Martin Robert
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Main request - justification for filing at the oral proceedings (yes)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (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 first instance with the order to maintain the patent in the following version:
- Claims 1 to 7 according to the main request filed during oral proceedings;
- Description pages 2, 3 and 5 as filed during oral proceedings;
- Description pages 4, 6 to 16 as in the patent as granted;
- Sequence listing as in the patent as granted;
- Drawings 1 to 8 as in the patent as granted