T 2464/10 (Anticoagulant protein/IMPERIAL) of 25.05.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T246410.20120525
- Date of decision
- 25 May 2012
- Case number
- T 2464/10
- Petition for review of
- -
- Application number
- 05077712.7
- IPC class
- C12N 15/62
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Anticoagulant fusion protein anchored to cell membrane
- Applicant name
- Imperial Innovations Limited
- Opponent name
- -
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 76(1)European Patent Convention R 28(b)European Patent Convention R 28(c)
- Keywords
- Main request: compliance with Articles 76(1) and 123(2) (yes)
- Catchword
- Remaining subject matter test of G 0002/10 applied. The Enlarged Board of Appeal in G 0002/10 did not consider that G 0001/03 provided an exhaustive treatment of the conditions under which an undisclosed disclaimer was to be allowable. In addition to the requirements set out in G 0001/03, G 0002/10 developed the further test of whether the skilled person would, using common general knowledge, regard the remaining claimed subject matter as explicitly or implicitly, but directly and unambiguously, disclosed in the application as filed.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the examining division for further prosecution on the basis of claims 1 to 15 of the main request filed under cover of the letter of 10 April 2012.