T 2306/16 (NGAL for detection of acute renal failure/ANTIBODYSHOP) of 13.10.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T230616.20201013
- Date of decision
- 13 October 2020
- Case number
- T 2306/16
- Petition for review of
- -
- Application number
- 07785730.8
- IPC class
- G01N 33/68
- 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
- DIAGNOSTIC TEST TO EXCLUDE SIGNIFICANT RENAL INJURY
- Applicant name
- Antibodyshop A/S
- Opponent name
- Gentian AS
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) (2007)European Patent Convention Art 123(2) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)European Patent Convention Art 83 (2007)
- Keywords
- Novelty - main request and auxiliary requests 1 and 2 (no)
Novelty - auxiliary request 3 (yes)
Amendments - allowable, auxiliary request 3 (yes)
Sufficiency of disclosure - auxiliary request 3 (yes)
Inventive step - auxiliary request 3 (yes) - Catchword
- -
- Cited cases
- T 0172/99
- 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 opposition division with the order to maintain the patent with the following claims and a description to be adapted thereto:
Claims 1 to 12 of the third auxiliary request filed with the statement of grounds of appeal.