T 0418/89 (Monoclonal antibody) of 08.01.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T041889.19910108
- Date of decision
- 8 January 1991
- Case number
- T 0418/89
- Petition for review of
- -
- Application number
- 80300829.1
- IPC class
- C12P 1/00
- 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
- ORTHO
- Opponent name
- Behringwerke; Sandoz; Becton; Boehringer
- Board
- 3.3.02
- Headnote
1. A disclosure provided by a deposit according to Rule 28 EPC is not regarded as being sufficient within the meaning of Article 83 EPC, if and when it is only possible to reproduce the invention after repeated requests to the depositary institution and by applying techniques considerably more sophisticated than those recommended by the depositary institution (cf. point 3.14 of the Reasons).
2. A mere deposit number of a hybridoma without any corresponding written description does not provide a sufficient disclosure of a technical teaching within the meaning of Article 83 EPC (cf. point 5.3 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 83 1973European Patent Convention R 28 1973
- Keywords
- Sufficient disclosure (no)
Culture deposit not corresponding to the written disclosure - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. European patent No. 17 381 is revoked.