T 3038/19 (Stable formulations of Neisseria Meningitidis rLP2086 antigens / WYETH) of 06.09.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T303819.20220906
- Date of decision
- 6 September 2022
- Case number
- T 3038/19
- Petition for review of
- -
- Application number
- 11757949.0
- 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
- STABLE FORMULATIONS OF NEISSERIA MENINGITIDIS rLP2086 ANTIGENS
- Applicant name
- Wyeth LLC
- Opponent name
- Sanofi Pasteur
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 012(4)
- Keywords
- Late-filed evidence - admitted (yes)
Inventive step - main request, auxiliary requests 1-9 (no)
Inventive step - effect not made credible within the whole scope of claim
Inventive step - auxiliary request 10 (yes)
Amendment to appeal case - suitability of amendment to resolve issues raised (yes) - Catchword
- -
- Citing cases
- T 1800/20
Order
For these reasons it is decided that:
The decision under appeal is set aside
The case is remitted to the opposition division with the order to maintain the patent on the basis of auxiliary request 10, filed as auxiliary request 11 with the statement of grounds of appeal, and a description to be adapted.