T 2266/10 (HIV-3/INNOGENETICS) of 28.06.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T226610.20120628
- Date of decision
- 28 June 2012
- Case number
- T 2266/10
- Petition for review of
- -
- Application number
- 94110658.5
- IPC class
- C12N 7/00
- 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
- HIV-3 retrovirus strains and their use
- Applicant name
- N.V. INNOGENETICS S.A.
- Opponent name
- Bio-Rad Innovations
Institut Pasteur - Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 76(1)European Patent Convention Art 83
- Keywords
- Added matter - (no)
Sufficiency of disclosure - deposit/redeposit of claimed virus - (yes)
Remittal for further prosecution - 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 department of first instance for further prosecution on the basis of claims 1 to 8 of two sets of claims for different contracting states of the main request, filed as auxiliary request II with letter dated 5 January 2011.