T 0424/21 (Antibody Fc variants/ROCHE GLYCART) of 08.04.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T042421.20220408
- Date of decision
- 8 April 2022
- Case number
- T 0424/21
- Petition for review of
- -
- Application number
- 12710732.4
- IPC class
- C07K 16/28C07K 16/00
- 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
- Antibody Fc variants
- Applicant name
- Roche Glycart AG
- Opponent name
- Merck Patent GmbH
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendments - main request, auxiliary requests 1 to 5: added subject-matter (yes)
Amendments - auxiliary request 6: added subject-matter (no)
Amendment to appeal case - justification by party (yes)
Sufficiency of disclosure - auxiliary request 6 (yes)
Inventive step - auxiliary request 6 (yes) - Catchword
- 1. If the deletion of dependent claims after notification of a summons to oral proceedings enhances procedural economy by clearly overcoming existing objections without giving rise to any new issues this might constitute cogent reasons justifying exceptional circumstances in the sense of Article 13(2) RPBA 2020.
2. For a first medical use of a substance or composition according to Article 54(4) EPC to be sufficiently disclosed it is not required to show the suitability for each and every disease, but it usually suffices to show that at least one medical use is credibly achieved.
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 on the basis of claims 1 to 6 of auxiliary request 6, filed with the letter of 21 February 2022, and a description to be adapted thereto.