T 0309/17 of 13.09.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T030917.20220913
- Date of decision
- 13 September 2022
- Case number
- T 0309/17
- Petition for review of
- -
- Application number
- 10715379.3
- IPC class
- C07K 14/00C12P 21/00
- 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
- CONTROL OF COPOLYMER COMPOSITIONS
- Applicant name
- Momenta Pharmaceuticals, Inc.
- Opponent name
- Page White & Farrer Limited
Synthon B.V.
Actavis Group PTC ehf - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty
Inventive step
Sufficiency of disclosure
Amendment to appeal case - Catchword
- -
- 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 claims of auxiliary request 1, filed as auxiliary request 2 with the patent proprietor's reply to the opponents' statements of grounds of appeal,
- description pages 2, 3 and 5 as annexed to the minutes of the oral proceedings before the opposition division,
- page 4 of the patent as granted, and
- figures 1 and 2 of the patent as granted.