T 1607/14 of 07.06.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T160714.20190607
- Date of decision
- 7 June 2019
- Case number
- T 1607/14
- Online on
- 14 June 2019
- Petition for review of
- -
- Application number
- 08011345.9
- IPC class
- B01L 7/00G01N 21/03G01N 21/64
- 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
- Instrument for monitoring polymerase chain reaction of DNA
- Applicant name
- Life Technologies Corporation
- Opponent name
- Roche Diagnostics International AG
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention R 42(1)(c)
- Keywords
- Subject-matter extending beyond the earlier application as filed (no, after amendment)
Sufficiency of disclosure (yes)
Novelty and inventive step (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
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 with the order to maintain the patent as amended in the following version:
- Claims: Nos. 1 to 11 of the main request filed as "Auxiliary request 7" by letter dated 9 May 2016.
- Description: Paragraphs [0001] to [0010], [0012], [0014] to [0020], [0022] to [0028] and [0030] to [0051] of the description of the patent specification, and paragraphs [0011], [0013], [0021] and [0029] filed by letter dated 27 March 2019.
- Drawings: Fig. 1 to 9 of the patent specification.