T 0281/86 (Preprothaumatin) of 27.01.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T028186.19880127
- Date of decision
- 27 January 1988
- Case number
- T 0281/86
- Petition for review of
- -
- Application number
- 81201355.5
- IPC class
- C12N 15/29
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Unilever
- Opponent name
- -
- Board
- 3.3.02
- Headnote
There is no requirement under Article 83 EPC to the effect that a specifically described example of a process must be exactly repeatable. Variations in the constitution of an agent (here: genetic precursor) used in a process are immaterial to the sufficiency of the disclosure provided the claimed process reliably leads to the desired product (cf. point 6 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention R 28 1973
- Keywords
- Sufficiency of disclosure
Biological macromolecules
Identical repeatability of examples - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision of the first instance is set aside.
2. The case is remitted to the Examining Division for further prosecution.