T 0111/10 (Diagnosis of spongiform encephalopathy/D-GEN) of 24.06.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T011110.20140624
- Date of decision
- 24 June 2014
- Case number
- T 0111/10
- Petition for review of
- -
- Application number
- 97909428.1
- 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
- DIAGNOSIS OF SPONGIFORM ENCEPHALOPATHY
- Applicant name
- D-Gen Limited
- Opponent name
- Prionics AG
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2)European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Main request - added subject-matter (yes)
Auxiliary request 1 - late-filed and not clearly allowable
Auxiliary request 2 - reformatio in peius
Auxiliary request 3 - inventive step (yes) - Catchword
- Prohibition of reformatio in peius: see reasons 4.3
- 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 in amended form on the basis of auxiliary request 3, filed as auxiliary request 2 with the letter of 23 May 2014, and a description to be adapted thereto.