T 1846/10 (Attenuated Lawsonia/BOEHRINGER) of 12.03.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T184610.20150312
- Date of decision
- 12 March 2015
- Case number
- T 1846/10
- Petition for review of
- -
- Application number
- 05023400.4
- 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
- Lawsonia intracellularis cultivation, anti-Lawsonia intracellularis vaccines and diagnostic agents
- Applicant name
- Boehringer Ingelheim Vetmedica, Inc.
- Opponent name
- Intervet International B.V.
Wyeth - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Main request, auxiliary requests I to V:
sufficiency of disclosure - (no)
Auxiliary request VI: requirements of the EPC fulfilled-(yes) - Catchword
- see points 28 to 29
- Cited cases
- T 0019/90
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the opposition division with the order to grant a patent on the following basis:
(1) Claims 1 to 11 according to auxiliary request VI filed during the oral proceedings on 12 March 2015;
(2) The amended description pages numbered 2 to 21 as filed at approximately 19:45 h during the oral proceedings of 12 March 2015.