European Patent Office

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)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
ISLET CELLS FROM HUMAN EMBRYONIC STEM CELLS
Applicant name
Asterias Biotherapeutics, Inc.
Opponent name
-
Board
3.3.08
Headnote
-
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.