T 0789/16 (Non-human organism/INTREXON) of 05.06.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T078916.20200605
- Date of decision
- 5 June 2020
- Case number
- T 0789/16
- Petition for review of
- -
- Application number
- 02714990.5
- 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
- CHIMERIC RETINOID X RECEPTORS AND THEIR USE IN A NOVEL ECDYSONE RECEPTOR-BASED INDUCIBLE GENE EXPRESSION SYSTEM
- Applicant name
- Intrexon Corporation
- Opponent name
- Then, Christoph
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(2) (2007)European Patent Convention Art 53(a) (2007)European Patent Convention R 28(d) (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2020)
- Keywords
- Admission joint opposition and appeal (yes);
Main request - admission in appeal (yes);
Main request - overcomes all grounds of opposition (yes);
Main request - remittal to the first instance (yes); - Catchword
- -
- Cited cases
- T 0315/03
- Citing cases
- -
Order
For these reasons it is decided that:
1. The joint opposition and the appeal are admissible.
2. The decision under appeal is set aside.
3. The case is remitted to the opposition division with the order to maintain the patent on the basis of claims 1 to 54 according to the main request filed on 8 April 2020 and a description to be adapted thereto.