T 0032/17 (Bispecific antibody/ DIASOURCE) of 02.07.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T003217.20200702
- Date of decision
- 2 July 2020
- Case number
- T 0032/17
- Petition for review of
- -
- Application number
- 10189130.7
- IPC class
- C07K 16/44C07K 16/26G01N 33/82
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Process for the production of a hybridoma and antibody obtained therefrom, able to recognize more than one vitamin D metabolite.
- Applicant name
- Diasource Immunoassays S.A.
- Opponent name
- Nederlandsch Octrooibureau N.V.
Immundiagnostik AG
Siemens Healthcare Diagnostics Inc.
Euroimmun Medizinische Labordiagnostika AG
Adams, Harvey Vaughan John - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)(a)European Patent Convention Art 54European Patent Convention Art 83European Patent Convention R 31Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Main request - novelty (no)
Late-filed auxiliary requests 1 and 2
Late-filed auxiliary requests - admitted (no)
Late-filed facts - admitted (no)
Referral to the Enlarged Board of Appeal - (no)
Auxiliary request 3 - requirements of the EPC met (yes) - Catchword
- The deposit of a hybridoma under Rule 31 EPC for compliance with the disclosure requirement of Article 83 EPC does not in itself convey any technical information about the molecular structure of the monoclonal antibody produced by said hybridoma, such as its amino acid sequence (see points 5 to 17 of the Reasons).
Order
For these reasons it is decided that:
1. The request for referral to the Enlarged Board of Appeal is refused.
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 the claim of auxiliary request 3, filed during the oral proceedings of 2 July 2020, and a description to be adapted thereto.