T 0455/91 (Expression in yeast) of 20.06.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T045591.19940620
- Date of decision
- 20 June 1994
- Case number
- T 0455/91
- Petition for review of
- -
- Application number
- 82300949.3
- IPC class
- C12N 15/00
- 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
- Expression of polypeptides in yeast
- Applicant name
- GENENTECH et al
- Opponent name
- Boehringer
Chiron
Celltech
Zyomogenetics
Delta Biotechnology
Takeda
Novo Industri
Gist-Brocades
Behringwerke
Ciba-Geigy - Board
- 3.3.02
- Headnote
A skilled person working in one area of genetic engineering (e.g. expression in yeast) would regard a means found possible in a neighbouring area of genetic engineering (e.g. the bacterial art) as being usable in his own area, if this transfer of technical knowledge appears to be easy and to involve no obvious risks.
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step (no) - obvious to try with reasonable expectation of success
Attitude of the skilled person - Catchword
- -
ORDER
For these reasons it is decided that:
1. The appeal is dismissed.