T 1063/18 (Extreme dark green, blocky peppers/SYNGENTA) of 05.12.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T106318.20181205
- Date of decision
- 5 December 2018
- Case number
- T 1063/18
- Petition for review of
- -
- Application number
- 12756468.0
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- New pepper plants and fruits with improved nutritional value
- Applicant name
- Syngenta Participations AG
- Opponent name
- -
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- Directive 98/44/EC of 6 July 1998European Patent Convention Art 111(1)European Patent Convention Art 112(1)European Patent Convention Art 164(2)European Patent Convention Art 22(1)(a)European Patent Convention Art 22(1)(b)European Patent Convention Art 33(1)(b)European Patent Convention Art 33(1)(c)European Patent Convention Art 53(b)European Patent Convention R 28(2)Rules of procedure of the Boards of Appeal Art 21Vienna Convention on the Law of Treaties (1969) Art 31(3)(a)
- Keywords
- Exceptions to patentability - (no)
Referral to the Enlarged Board of Appeal - (no)
Appeal decision - remittal to the examining division
Appeal decision - (yes) - Catchword
- Rule 28(2) EPC is in conflict with Article 53(b) EPC, as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13. In accordance with Article 164(2) EPC, the provisions of the Convention prevail.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the examining division for further prosecution on the basis of the set of claims of the main request, as filed on 7 August 2015.