T 0872/13 (Factor VII Glycoforms/NOVO NORDISK) of 28.08.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T087213.20180828
- Date of decision
- 28 August 2018
- Case number
- T 0872/13
- Online on
- 26 February 2019
- Petition for review of
- -
- Application number
- 05766825.3
- IPC class
- C07K 14/745C12P 21/00C12N 9/64
- 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
- O-LINKED GLYCOFORMS OF FACTOR VII AND METHOD TO MANUFACTURE THEM
- Applicant name
- Novo Nordisk Health Care AG
- Opponent name
- Strawman Limited
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 15(3)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13European Patent Convention R 115(2)European Patent Convention Art 54(2)European Patent Convention Art 100(a)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 84European Patent Convention Art 83European Patent Convention Art 56
- Keywords
- Oral proceedings - held in absence of appellant
Acceleration of proceedings - (no)
Late-filed evidence - submitted with the statement of grounds of appeal or reply thereto: admitted
Late-filed evidence - submitted at a late stage of appeal proceedings and complex: not admitted
Novelty - implicit disclosure (yes/no)
Amendments - allowable (yes)
Claims - clarity after amendment (yes)
Sufficiency of disclosure - (yes)
Inventive step - (yes) - Catchword
- -
- Citing cases
- T 1114/22
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 maintain the patent as amended in the following
version:
- claims 1 to 6 filed as auxiliary request 3 with the letter dated 9 September 2013,
- description: pages 2, 2a, 3 to 13 filed at the oral proceedings of 28 August 2018 and pages 14 to 20 of the patent specification, and
- drawings: figures 1 to 8b of the patent specification.