T 1441/13 (Embryonic stem cells, disclaimer /ASTERIAS) of 09.09.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T144113.20140909
- Date of decision
- 9 September 2014
- Case number
- T 1441/13
- Petition for review of
- -
- Application number
- 02799217.1
- 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
- ISLET CELLS FROM HUMAN EMBRYONIC STEM CELLS
- Applicant name
- Asterias Biotherapeutics, Inc.
- Opponent name
- -
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 53(a)European Patent Convention R 26European Patent Convention R 28(c)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admissibility of the Main Request and of Auxiliary Requests 1 to 4 (yes);
Main Request: requirements Article 53(a) EPC in combination with Rule 28(c) EPC (no);
Auxiliary Requests 1 and 2: disclaimers allowable (no) (see points 8 to 17);
Auxiliary Requests 3 and 4: remittal to the department of first instance (yes) - Catchword
- -
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 based on the Auxiliary Requests 3 and 4 filed with the appellant's statement of Grounds of Appeal.