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
- 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
- European Patent Convention Art 100(a)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 115(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13Rules of procedure of the Boards of Appeal Art 15(3)
- 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.