T 1060/13 (Real-time processing of biological samples/SEQUENOM) of 16.12.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T106013.20131216
- Date of decision
- 16 December 2013
- Case number
- T 1060/13
- Petition for review of
- -
- Application number
- 02764326.1
- IPC class
- G01N 33/48G06F 19/00
- 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
- Systems and methods for testing a biological sample
- Applicant name
- SEQUENOM, INC.
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 109 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2)Guidelines_for examination, E-X, 7Rules of procedure of the Boards of Appeal Art 20(2)
- Keywords
- Added subject-matter - main request (no, after amendment)
Obligation to grant interlocutory revision - (yes)
Immediate remittal to department of first instance - (yes)
Inconsistency between Guidelines and Case Law - Catchword
- See point 4
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.