T 1006/21 (B7-H1 in RCC/MAYO FOUNDATION) of 30.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T100621.20240130
- Date of decision
- 30 January 2024
- Case number
- T 1006/21
- Petition for review of
- -
- Application number
- 05808659.6
- IPC class
- G01N 33/574A61K 39/395
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on Art 13(2) RPBA 2020
- Application title
- B7-H1 and PD-1 in treatment of renal cell carcinoma
- Applicant name
- Mayo Foundation for Medical Education and Research
- Opponent name
- Merck Sharp & Dohme LLC
Janssen Biotech, Inc. - Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 56European Patent Convention Art 87(1)Rules of procedure of the Boards of Appeal 2020 Art 011
- Keywords
- Inventive step - (no)
Priority - same invention (no)
Remittal - (no) - Catchword
- 1. The discretionary decision under Article 111(1) EPC to remit a case or not is to be taken ex officio, at any time during the appeal proceedings. It is not dependent on any request by a party. A request for remittal made by a party is therefore not subject to the provisions of Articles 12 and 13 RPBA 2020 (points 23 and 24 of the Reasons).
2. Articles 12 and 13 RPBA 2020 serve to take account of changes in the facts or the subject-matter of the appeal proceedings ("amendments" within the meaning of Articles 12(4) and 13(1) and (2) RPBA), within narrow limits (point 25 of the Reasons).
3. Procedural requests are not amendments within the meaning of Articles 12(4) and 13(1) and (2) RPBA. They can therefore be made at any time during the appeal proceedings and must be considered by the board, regardless of when they are made (points 26 to 29 of the Reasons).
Order
For these reasons it is decided that:
The appeal is dismissed.