T 1680/20 (Analysis of clinicallly-relevant DNA in plasma/THE CHINESE UNIVERSITY OF HONG KONG) of 27.06.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T168020.20230627
- Date of decision
- 27 June 2023
- Case number
- T 1680/20
- Petition for review of
- -
- Application number
- 13757943.9
- IPC class
- C12Q 1/68
- 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
- Size-based analysis of fetal DNA fraction in maternal plasma
- Applicant name
- The Chinese University of Hong Kong
- Opponent name
- James Poole Limited
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- T 0247/20
- 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 on the basis of claims 1 to 15 of auxiliary request 1, filed during the hearing before the opposition division and being identical to auxiliary request 22 submitted with letter dated 26 April 2019, and a description and drawings to be adapted thereto, if necessary.