T 0972/22 (DNA acleavage using cas9 nickase/CELLECTIS) of 24.05.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T097222.20240524
- Date of decision
- 24 May 2024
- Case number
- T 0972/22
- Petition for review of
- -
- Application number
- 14727479.9
- 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
- A METHOD FOR PRODUCING PRECISE DNA CLEAVAGE USING CAS9 NICKASE ACTIVITY
- Applicant name
- Cellectis S.A.
- Opponent name
- Strawman Limited
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 56European Patent Convention R 103(1)European Patent Convention R 111(2)European Patent Convention R 99(1)Rules of procedure of the Boards of Appeal 2020 Art 011
- Keywords
- Admissibility of appeal (yes)
Main request - inventive step (no)
Substantial procedural violation (yes)
Right to be heard - opposition procedure
Right to be heard - refusal to file further auxiliary requests
Right to be heard - appealed decision sufficiently reasoned (no)
Third-party observations - not addressed in communications by the opposition division
Remittal - special reasons for remittal
Remittal - fundamental deficiency in first-instance proceedings (yes)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation (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 for further prosecution.
3. The appeal fee is reimbursed.