T 2741/19 (Evaluation of immune response to therapeutic protein/BIOGEN) of 30.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T274119.20220330
- Date of decision
- 30 March 2022
- Case number
- T 2741/19
- Petition for review of
- -
- Application number
- 13158951.7
- 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
- Methods for evaluating an immune response to a therapeutic agent
- Applicant name
- Biogen MA Inc.
- Opponent name
- Pharmaceutical Works Polpharma SA
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 013(1)
- Keywords
- Amendment to appeal case
Amendments - allowable (yes)
Divisional application - added subject-matter (no)
Claims - clarity (yes)
Sufficiency of disclosure - (yes)
Inventive step - (yes) - 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 in amended form with the following claims and a description and drawings to be adapted thereto:
claims 1 to 13 of the main request, filed as auxiliary request 7 with the statement of grounds of appeal.
3. The respondent's appeal fee is reimbursed at 25%.