T 0049/83 (Propagating material) of 26.07.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:T004983.19830726
- Date of decision
- 26 July 1983
- Case number
- T 0049/83
- Petition for review of
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- Application number
- 79103164.4
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Ciba Geigy
- Opponent name
- -
- Board
- 3.3.01
- Headnote
A claim directed to a propagating material, treated with chemical agents, for certain genera of plants (in this case cultivated plants) without specific varieties being claimed individually, does not contravene the prohibition on the patenting of plant varieties in Article 53(b) EPC.
- Relevant legal provisions
- European Patent Convention Art 53(b) 1973Strasbourg Convention Art 002(b)
- Keywords
- Plant varieties
Chemically treated plants - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Examining Division of the European Patent Office dated 8 October 1982 is set aside.
2. The case is remitted to the first instance for further prosecution.