T 1261/19 (Smallpox vaccine/BAVARIAN NORDIC) of 12.10.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T126119.20221012
- Date of decision
- 12 October 2022
- Case number
- T 1261/19
- Petition for review of
- -
- Application number
- 06707039.1
- 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
- Use of a modified poxvirus for the rapid induction of immunity against a poxvirus or other infectious agents
- Applicant name
- Bavarian Nordic A/S
- Opponent name
- Cupam Limited
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107European Patent Convention Art 54(5)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admissibility of opponent's appeal (no)
Late-filed objection - admitted into the proceedings (no)
Main request - novelty (yes), inventive step (yes) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The opponent's appeal is rejected as inadmissible.
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 following documents: claims 1 to 14 of the main request as filed with the statement of grounds of appeal and description pages and drawings of the patent as granted.