European Patent Office

T 0975/16 (LAG-3 on regulatory T cells/JOHNS HOPKINS) of 28.10.2021

European Case Law Identifier
ECLI:EP:BA:2021:T097516.20211028
Date of decision
28 October 2021
Case number
T 0975/16
Petition for review of
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Application number
07021595.9
Language of proceedings
English
Distribution
No distribution (D)
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
T cell regulation
Applicant name
The Johns Hopkins University
St. Jude Children's Research Hospital Inc.
Opponent name
4-ANTIBODY AG
Board
3.3.04
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Amendments - allowable (yes)
Novelty - main request (no)
Novelty - auxiliary request 1 (no)
Novelty - auxiliary request 2 (yes)
Inventive step - auxiliary request 2 (yes)
Sufficiency of disclosure - auxiliary request 2 (yes)
Catchword
-
Citing cases
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the opposition division with the order to maintain the patent in amended form on the basis of the set of claims of the auxiliary request 2 filed with the statement of grounds and a description as well as drawings possibly to be adapted thereto.